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Previously on "OK - which of you is on the run from the Taxstappo?"
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Originally posted by OwlHoot View PostOne of the comments
What a mupp - As if they can do that in Germany
Then again, tax offices seem to be a law unto themselves everywhere in Europe. Retrospection, dealing in stolen goods, etc.
Wikisourceofalltruth; Germany[edit]
Germany has constitutional guarantees against improper detention and have been implemented in statutory law in a manner that can be considered as equivalent to writs of habeas corpus.
Article 104, paragraph 1 of the German Constitution provides that deprivations of liberty may be imposed only on the basis of a specific enabling statute that also must include procedural rules. Article 104, paragraph 2 requires that any arrested individual be brought before a judge by the end of the day following the day of the arrest. For those detained as criminal suspects, article 104, paragraph 3 specifically requires that the judge must grant a hearing to the suspect in order to rule on the detention.
Restrictions on the power of the authorities to arrest and detain individuals also emanate from article 2 paragraph 2 of the Constitution which guarantees liberty and requires a statutory authorization for any deprivation of liberty. In addition, several other articles of the Constitution have a bearing on the issue. The most important of these are article 19, which generally requires a statutory basis for any infringements of the fundamental rights guaranteed by the Constitution while also guaranteeing judicial review; article 20, paragraph 3, which guarantees the rule of law; and article 3 which guarantees equality.
In particular, a constitutional obligation to grant remedies for improper detention is required by article 19, paragraph 4 of the Constitution which provides as follows: "Should any person’s right be violated by public authority, he may have recourse to the courts. If no other jurisdiction has been established, recourse shall be to the ordinary courts."
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We even got a mention! I go for the Bermuda theory myself.
(Going into Germany when he knows he's in dispute with the Finanzamt - muppet.)
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Originally posted by OwlHoot View PostOne of the comments
What a mupp - As if they can do that in Germany
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One of the comments
They should go to a lawyer immediately and issue a writ for Habeas Corpus. Simples.
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OK - which of you is on the run from the Taxstappo?
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