Review article
https://doi.org/10.30925/zpfsr.37.3.6
COERCIVE DETENTION / ARREST IN ADMINISTRATIVE PENAL LAW / LAW ON MINOR OFFENCES AS A COERCIVE LEGAL INSTRUMENT TO REALISE (ADMINISTRATIVE) LEGAL DUTIES
Boštjan Tratar
; Faculty of Administrative and European Studies at Brdo pri Kranj, Brdo pri Kranju, Slovenia
Abstract
The author discuses the s. c. coercive detention / arrest (Germ. Beugehaft,
Slovenian uklonilni zapor) as an institution of law on minor offences/administrative
penal law, whereby he derives from a fundamental request of every legal order that if
needed realise the respect of administrative legal duties and/or the entire legal order
in a forced/compulsory way. Coercive detention (as a form of deprivation of liberty
out of penal procedure) is defined as a coercive legal measure which aims to realise
the fulfilment of legal obligations in a legal order which have not been voluntarily
fulfilled. The author first of all derives from Slovenian regulation / legislation the
law on minor offences, which followed the German institution of coercive detention
(Germ. Erzwingungshaft). However, it is important that coercive detention (also after
a prison sentence has been served) doesn’t mean the measure to execute a fine as the
main sanction in the law on minor offences, but rather as a means of compulsion it
influences the will of the offender with the aim to break a rebellion of this offender
to resistance to the observance of any legal obligation / duty. In this article the author
also deals with coercive legal instruments in general, above all with the argumentation
in the decision of the Slovene Constitutional Court as regards the conformity of the
measure of coercive detention with the constitutional legal order.
Keywords
coercive detention; law on minor offences; penal law; deprivation of liberty; fine; Germany; Slovenia
Hrčak ID:
173041
URI
Publication date:
29.12.2016.
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