Law Draft to Expand Grounds for Remand in Cases of Dangerous Bodily Harm and Introduction of Revocation of Residence Permit as Well as Ordering of Expulsion by Criminal Judgment (PDF)
On December 9, 2024, at 11:00 am, Drucksache presented a new article (20/14119) on the draft law to expand the grounds for remand in cases of dangerous bodily harm and the introduction of revocation of residence permits and the ordering of expulsion by criminal judgment.
Key Points of the Draft Law
The main objectives of the draft law are as follows:
- Expansion of Grounds for Remand: The draft law proposes expanding the grounds for remand after a dangerous bodily harm incident. This is intended to cover cases where there is a risk of repeat offenses or the suspect is considered a threat to public safety.
- Revocation of Residence Permits: The draft law introduces the possibility of revoking the residence permit of foreign nationals who commit dangerous bodily harm. This would allow the authorities to expel offenders who are not German citizens and pose a risk to society.
- Ordering of Expulsion by Criminal Judgment: The draft law also proposes allowing criminal courts to order the expulsion of foreign nationals who commit dangerous bodily harm. This would streamline the process of removing dangerous offenders from the country.
Rationale for the Proposed Changes
The draft law is based on the premise that dangerous bodily harm is a serious offense that can have a significant impact on victims and society as a whole. The proposed changes aim to protect the public by ensuring that dangerous offenders are kept in custody and removed from the country if necessary.
Current State of the Law
Currently, the grounds for remand in cases of dangerous bodily harm are limited. The draft law would expand these grounds to include cases where there is a risk of repeat offenses or the suspect is considered a threat to public safety.
In addition, the current law does not allow for the revocation of residence permits or the ordering of expulsion by criminal judgment for foreign nationals who commit dangerous bodily harm. The draft law would introduce these measures to enhance the ability of the authorities to deal with dangerous foreign offenders.
Next Steps
The draft law is currently under discussion in the German Parliament. It is expected to undergo further debate and amendment before a final version is approved. The implementation of the proposed changes would depend on the outcome of these discussions and the subsequent legislative process.
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Drucksachen a new article on 2024-12-09 11:00 titled “20/14119: Gesetzentwurf Entwurf eines Gesetzes zur Erweiterung von Haftgründen bei gefährlicher Körperverletzung und Einführung der Entziehung der Aufenthaltserlaubnis sowie Anordnung der Ausweisung durch Strafurteil (PDF)”. Please write a detailed article on this news item, including any relevant information. Answers should be in English.
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