1. Auch Polizeibeamten kann Schmerzensgeld zustehen.
- Author
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Ebert, Frank
- Subjects
- *
HAZARD mitigation , *POLICE , *OPERATIONAL risk , *ILLEGALITY , *PLAINTIFFS , *CRIME - Abstract
The article deals with a legal dispute over compensation for pain and suffering for a police officer on duty. It is stated that a police officer cannot claim compensation for injuries that fall within the scope of average operational risks. When determining the amount of compensation for pain and suffering, the unlawfulness of the police action must be taken into account. It is emphasized that sufficient instruction is required before establishing identity, as otherwise the immediate coercion to enforce identity verification is unlawful. In this case, the plaintiff took repressive action against the defendant by conducting an identity check. The court found that the identity check was unlawful because the defendant was not informed of the alleged offense. The police officers acted repressively rather than preventively for hazard prevention, making the identity check disproportionate. [Extracted from the article]
- Published
- 2024