Today, February 1, new legislation on the protective stay ban comes into force. The law provides that a person who promotes a serious crime can be restricted in certain places, without the person having been convicted of a crime.
The curfew is a tool to increase safety in public places. It can have a deterrent effect and it becomes easier for the police to prove violation of the law. Residency bans, which target the right people, can make it more difficult to plan and organize serious crimes, says Christian Malzoff, of the National Police Administration, NOAA. He leads the work on preparing the police authority to implement the new legislation.
The residence ban targets individuals, and the public prosecutor is the one who decides on this measure after notifying the police. Police personnel working in an area usually have a very good knowledge of the actors who have an impact on crime in the area, and they are also the ones who can best ensure that the decision is followed.
Preparatory work is underway within the police authority to be able to begin implementing the new legislation.
Briefly about the new law on the ban on preventive stay
- The law means that a person can be prevented from remaining in a restricted area if they are deliberately promoting a crime that could seriously harm security or where there is a risk of the use of firearms or explosives. The decision can be made without the person having been convicted of a crime.
- The area can be, for example, public places, schoolyards and vehicles in public places. The residence ban may not cover a larger area than is necessary.
- Children over the age of 15 must also be prohibited from staying. The residence ban must include the limitations and exceptions required in relation to the circumstances of the individual case.
- The measure applies for a maximum of six months at a time, and violations are punishable by up to one year in prison.
- After the police report, prosecutors decide on the ban. This procedure can be appealed in court by the person accused of the residence ban. The police authority cannot appeal the Public Prosecutor's decision.
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