| Urgent Question
Question of Qualle:
November 2008
Hello,
I've an important question:
With us in the stable is a person who is dealing with the horse must be banned. They mistreated the poor animals really rough. Now we want a few people from the stall, her craft basket. (to my person, I'm not the 14-year-olds are overvalued. I am a trained horse owner and 30 years old) We have a mini-camera and they wanted to buy it secretly filmed as they appear on the horse path and on the chest ausbindet. Now we learn that we are able to make any criminality. Is that so? If yes, how can it be evidence? If yes, when a veterinarian's office and looks, it is not. Kann mir da jemand what say? With all the paragraphs, I will not be smart!
Danke schon mal for your help ...
Reply Kino:
Hello jellyfish,
... Kann mir da jemand what say? With all the paragraphs, I will not be smart! ...
... Of course someone can tell you 'what to say, I think, but not here in the "Forum of the filmmakers."
My first first and single point of contact would be a prosecutor in your area. Only this will you be able to say whether a crime exists and if you violate applicable law. Sometimes. Your conduct is punishable, but although tatbestandsmäßig a justification impunity (sorry, I'm not a lawyer himself). Only use what you like, if your video is not behind as evidence in a proceeding may be permitted.
So, together with the prosecutor about how this activity if it is more than just a hard dressage, can halt. Maybe let you of a policeman in civilian support, a witness may testify, the prosecuting authority if your statement is not enough. Everything else would just amateur speculation, at least of my Page.
Reply Debonnaire:
Simply call the nearest police station to ask s.and, my God! As clumsy as you can STILL be with allegedly 30!
But, as the previous speaker said: This is a film forum, no animalcule Clinic!
Reply B.DeKid:
Hello,
I've an important question:
With us in the stable is a person ...
If it is your stall, you can then filming what and how you want.
Unless you are the street dokumentierst No matter.
The best ne Plakete out somewhere where it is video monitored.
Look under forums members list after a Andreas_Kiel the lawyer is, the ne times Schreibst short email, which helps you determine.
MfG
B. DeKid
PS: @ Debonnaire
Who does not benefit with expertly handled one shown - but see the synonymous or so? ;-)
Reply Debonnaire:
PS: @ Debonnaire
Who does not benefit with expertly handled one shown - but see the synonymous or so? ;-)
Who animals unnecessarily cruel and inhuman treatment is one, according to the laws, penalties, yes. Only the real issue here is not, sorry!
Reply B.DeKid:
Alles klar ;-) Hast recht, well now you know so if you should ask ;-)
Reply PowerMac:
It is a criminal offense. Evidence is likely before the court but not admitted. However, you should consider whether it is not of high importance (synonymous to the public) and thus is the general personality rights of the ones filmed therefore may be limited.
http://de.wikipedia.org/wiki/Recht_am_eigenen_Bild
Reply PowerMac:
(...) If it is your stall, you can then filming what and how you want. (...)
No..
Reply Kino:
... However, you should consider whether it is not of high importance (synonymous to the public) and thus is the general personality rights of the ones filmed therefore may be limited. ...
In this case, but probably not the restriction of personal rights against persons of public life and the history of journalistic motives.
Relevant here seems to me to answer the question of whether recordings made in disregard of personal rights, are synonymous outside the court room of Barbara Salesch as evidence are admissible. To my knowledge, video recordings are not included in the numerus clausus of procedural evidence, but can be sometimes. by inspection of the court - within narrow limits - to be introduced.
Again: My first (toll free) and personal advisor to the prosecutor would not call police or luxations with public interest ... .
Should the prosecutor an initial suspicion of a violation of the Animal Welfare Act the affirmative, he has since Offizialdelikt, an investigative official duty. Whether it is a video evidence is required or whether it perhaps the evidence of the witness (s) is sufficient, we should be law that laymen themselves.
Reply FabeX:
[quote = "B. DeKid"]
If it is your stall, you can then filming what and how you want.
Unless you are the street dokumentierst No matter.
The best ne Plakete out somewhere where it is video monitored.
quote]
Not quite true. At least not in Austria (do not like the looks in Germany).
You can watch as many videos you want, on their own ground and soil, synonymous if other people have access. You must, however, hints to hang a la "This building is monitored video", etc.
Another is that if you capture these images. But you need is the approval of the DSK (Privacy Commission). There are forms you must fill out and send s.ebendiese. Then you specify whether s.Aufzeichnung status, b) how long this is allowed, c) the exact number of cameras is set ...
However, it is only necessary in areas where residents have access persons, which in this case would, as in a horse riding so foreign people circulate.
Only as much on the situation in Austria :-)
The fact that few people know this and are synonymous to knowing quite often no preference is, is beyond question * g *
lg
Andi
Reply thos-berlin:
To what extent any permits are to be, especially on private land, I can not answer. If it is not your stall, you had an installation of such surveillance in any case with the owner be denied.
We have surveillance cameras at work and this fact is by small signs s.den entrances noted.
In case a traffic accident was the police of a record ever been requested.
But I would strongly synonymous to a contact with the prosecutor advised to ensure that the effort is not in vain. Because if you do and the shots are not usable in court, the process may be a case of acquittal to come out. You have not only lost the case, but probably still your reputation to ...
Reply Qualle:
Thank you for your answers. Then I will probably time to discuss with the prosecutor. Because we really want and what do not stand there dumb afterwards.
And s.diejenigen Sorry again that my question here in the forum felt disturbed. I wanted to do not interfere with my Tierwehwechen, I just wanted to shoot in terms of knowing whether it is allowed, everything else was just background knowledge. Since it is not attacking me as awkward for me but my age is. Such a theme is not easy and must be well thought out. And since it is rather better to ask before thousands before me, because I somehow prosecution. And in a horse forum, I need something to write, because ... the world is small in equestrian circles! So, nothing for ungut and many thanks!
Reply Axel:
The cruelty is taking place, and I know it. I suspect that the perpetrators would deny everything, but a secretly filmed video could prove. The last to make me worry, you are clauses concerning the rights of the offender s.seinem Picture. For a defenseless victim to take party called synonymous Zivilcourage.
Reply FabeX:
The video would be in court very well be valid as evidence.
What you may be passing that the "victim of video surveillance" so you can sue against.
Reply Andreas_Kiel:
Makes punishable only the one who is not publicly spoken word recording of a third party, without his permission to have. From video recordings in the Criminal Code is not the speech. This would possibly a personality rights violation, but no offense in question. If an animal cruelty is proved (and synonymous only then!) Is the violation of personal rights on the other hand, in the background and would be irrelevant in court. So come synonymous the countless video clips of the television agreement, respecting the times Inserts "Sound nachgesprochen".
The criminality of the proposed project meets one by switching off the microphone - just plug into the socket of the camera.
The deletion of the soundtrack behind is not enough, because already the record (or attempting to!) Is punishable by law.
With the prosecutor uses to speak nothing. The is hardly a bunch of young people with a video camera as an "undercover" losschicken.
BG, Andreas
Reply Kino:
Thanks Andreas,
have some order in my semi-placed - Well learned is learned!
LG Christoph
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