In yesterday’s cabinet meeting (on December 1st, 2020) the Bavarian State Government discussed changes to the Police Task Act (PAG) and decided to initiate the association hearing.
As Bavaria’s Interior Minister Joachim Herrmann explained, the suggestions of the PAG commission and the requirements of the coalition agreement will be implemented, thereby strengthening the rights of citizens. “At the same time, the effective defense against danger by our police and thus the high level of protection for the Bavarian population remain our top priority,” Herrmann made clear. With the current amendment, the PAG is to be improved, optimized and rounded off. Numerous new regulations make the law more transparent and understandable. The law now defines when there is a specific danger, and a whole new section is devoted to judicial proceedings. At the same time, legal protection options for those affected are being expanded. Additional judicial controls will be made mandatory for DNA examinations and for the use of records when body cams are used in apartments. Furthermore, according to Herrmann, the regulations on preventive detention have been revised. In the case of longer-term detention, the person concerned is officially assigned a lawyer and the maximum detention period is significantly reduced. In addition, victim protection is improved and a higher level of protection is achieved through data and transmission blocks. All information on the current PAG amendment is available at https://www.pag.bayern.de/ retrievable.
Among other things, the following changes are planned in the PAG:
- Clearer rules for DNA analysis
The regulations for DNA analysis as identification measures and for the analysis of unknown DNA trace material are supplemented, especially with regard to procedural law. In order to improve legal protection, a general judicial reservation is introduced.
- Reduced maximum length of detention
In accordance with the Commission’s proposals, the maximum permissible period of preventive detention will be reduced from the previous three months to a maximum of one month; in future it can only be extended up to a total duration of a maximum of two months.
- Better legal protection for those affected
The possibilities of legal protection for those affected by preventive detention are being comprehensively expanded. If the detention lasts longer than a day, a lawyer will be assigned to the person concerned ex officio.
- More transparency through clear definitions
The term ‘concrete danger’ is defined in the law itself. The relationship between the “concrete” and the “threatening” danger is regulated more clearly in the law and it is made clear that the “concrete danger” should remain the main application for the police.
- Less powers in the event of “imminent danger”
The “significant legal interests” that the police may act to protect in the event of an impending danger are specified and restricted. In the future, the “significant property positions” will no longer be included. The protected interest of “sexual self-determination” is also limited to serious impairments.
- Restricting the use of body cams in apartments
With the amendment, in connection with the use of the body cam in apartments, a judge’s reservation is introduced for the use of the recordings for the purpose of hazard prevention. In addition, the use of body cams in apartments should be documented in a suitable manner (e.g. by means of an information sheet) for the person concerned.
- Legal complaint to the Bavarian Supreme Court
On the recommendation of the commission, the new regulations also provide for a legal complaint to the Bavarian Supreme Court.
- Better victim protection
In addition to the Commission’s proposals, the protection of victims will be significantly improved: with new data and transmission blocks, we are now achieving a higher level of protection.
In 2018, the Council of Ministers decided to set up a commission to monitor and independently review the new Police Tasks Act (PAG). The PAG commission consisted of the following members: Dr. Karl Huber, President of Bayer. Constitutional Court a. D. (Chair), Prof. Dr. Thomas Petri, Bavarian. State Commissioner for Data Protection, Dr. Erwin Allesch, Vice President of Bayer. Administrative Court a. D., Elisabeth Mette, President of the Bavarian State Social Court, Prof. Dr. Martin Burgi, University Professor, LMU Munich, Peter Dathe, President of the Bavarian State Criminal Police Office a. D. The experts basically confirm the key changes to the existing PAG from 2017 and 2018, and also submitted specific suggestions on how the PAG could be further developed. These suggestions have now been taken up and have been incorporated into the amendment to the law.
Questions and answers about the current changes in the Police Task Act:
https://www.polizeiaufgabengesetz.bayern.de/faq/index.php
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