Lucien Schulz

Hochschule der Polizei Rheinland-Pfalz

Handcuffing - A contemplation of police law based on the legal situation of Rhineland-Palatinate

The use of direct force in form of handcuffing is part of the standard police repertoire and has the basic function of being able to enforce measures without endangering oneself or others. The following article deals with the police handcuffing of persons and focuses on the legal regulations of Rhineland-Palatinate. Special legal requirements exist in almost all German federal states and are roughly comparable. In Rhineland-Palatinate, handcuffing is regulated in § 81 POG RLP and is only possible during permissible use of force. It appears that the term „Festhalten“ (detention) must be interpreted broadly in the case of handcuffing. Furthermore, indications substantiated by facts are required for the actions specified in § 81 POG RLP. A well-founded and justifiable prognosis decision based on facts serves as the basis for each individual case. The regulative for the profound encroachment of fundamental rights, as well as regarding the permissible duration, manner and method of handcuffing, results from proportionality.

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