Verwertbarkeit positiver Nachweise aus einer Suchtmittelkontrolle in einem Strafverfahren nach § 145a StGB.

The article deals with the admissibility of positive evidence obtained from a drug control enforced under threat of punishment in a criminal proceeding. The Bavarian Supreme Court has ruled that such evidence may be used, as the principle of self-incrimination is not violated and there is no prohibition on the use of evidence. The instruction to carry out drug controls is an obligation to cooperate and serves to prevent drug abuse and further criminal activity. It is emphasized that the right to remain silent and the prohibition of forced self-incrimination are important principles based on the guiding principle of respect for human dignity. Obligations to cooperate in connection with drug control instructions or other police measures do not affect the rights to refuse to testify or give evidence in administrative or criminal proceedings. [Extracted from the article]