It is a drastic solution to a sometimes life-threatening problem. Salzburg City Councilor Anja Hagenauer (SPÖ) wants to give suspected violent offenders a tracking device. Lawyers consider this a very conceivable remedy. However, caution should be exercised in its application.
On Valentine’s Day, city councilor Anja Hagenauer (SPÖ) called for tracking devices for violent offenders – the “Krone” reported. This is to prevent them from approaching their victims if the police or court has issued an approach and boarding ban. The devices must sound an alarm when the beam falls below a certain level. Hagenauer echoed a concern expressed by former Minister of Women’s Affairs Gabriele Heinisch-Hosek in 2009.
Heinisch-Hosek even invited people to a media event in Spain, where the system has been in use for a long time. As you know, nothing came of it at the time. And that, although there is not much to be said against it legally.
Lawyer Stefan Rieder of the organization for the support of crime victims “White Ring” thinks the initiative is worthy of discussion. However, he points out that the system will not always be able to prevent planned acts of violence. “But it certainly has a preventive effect. Perpetrators will behave differently if they know they are wearing a transmitter,’ says the expert. But you have to take into account that a tracking device infringes fundamental rights.
Constitutional lawyer considers measure possible
Benjamin Kneihs, Professor of Constitutional Law at the University of Salzburg, sees it this way: “The violation of the fundamental rights of the perpetrator can be justified by protecting the life of the victim.” It must be ensured that no motion profile is saved. The location should only be sent if an alarm has been triggered and should not be permanently monitored under any circumstances. “The legislator should also define exactly in which cases this measure is appropriate,” concludes Kneihs.
Source: Krone
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