A lawyer explained: violation of the quarantine order may be in Germany is really expensive

If you are not allowed to leave for 14 days in his apartment, alone, because there is a suspicion that you may have with the Coronavirus infected, it can be the time quite long. Since the insulation does not burden the Psyche, especially if you don’t know whether you are infected and not sick feeling.

It’s not enough to be in the same room as a sick Person, then it is considered as a contact person to the category II, The means in-home quarantine with all the other living in the same household, for 14 days. This approach is considered to be the most reliable method, the spread of the Virus to contain.

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What happens in case of infringement?

The most important sources for people Affected by the responsible health authority, the Robert Koch Institute (RKI) and the Federal Ministry of health are. The latter has a passage published, the question “What happens if someone is against the quarantine arrangement violates?” to answer. The answer is: The enforcement of quarantine orders by the police authorities. Pursuant to section 74 of the protection against infection act (IfSG) is the one punished with up to five years imprisonment or with a monetary penalty, the one according to § 73 Abs. 1 or paragraph 1a, point 1 to 7, 11 to 20, 22, 22a, 23 or 24 IfSG called intentional conduct, and thus in § 6 paragraph 1 sentence 1 number 1 of the IfSG-called disease or in § 7 IfSG above-mentioned pathogens spread.

But what does this mean in concrete terms?

All of the paragraphs say-lawyers little. While we understand as a layman, the part with the prison penalty, the amount of the monetary penalty cryptic. We asked, therefore, when Dr. Rudolf Ratzel by the working group on medical law of the German bar Association (DAV), the amount of the monetary penalty for a disregard of the quarantine regulation is calculated. Also because, according to a report in the “daily mirror” of 4. In March, the number of “up to 450,000 euros,” penalty has been circulating that is said to have called an employee of a health office in Berlin and the “mirror” the following day, an Interview with the administrative law experts Jost hut brink published, said that “The allegedly said sum seems to me to be questionable – fines arising from daily rates.”

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The DAV-expert Ratzel confirmed: “section 74 of the IfSG, the relevant Criminal provision: a custodial sentence not exceeding five years or to a monetary penalty.” But the health Department does not decide. “The punishment is pronounced by a court by a judgment or order of punishment and not of a authority threatened. The amount of the fine is determined according to § 40 of the criminal code. She is at least 5 and a maximum of 360 daily rates.” Ratzel explained that the court-driven Mainly by the net income of the perpetrator, that he has in a day. “The daily rate is a minimum of 5 Euro and a maximum of 30,000 euros. Depending on how much the offender to income, so theoretically together significant sums of money.”

We once calculated what it would cost the Offense a quarantine disregard for a hard earner at the maximum penalty and came to an impressive 10.8 million euros.

What exactly is an infringement is it?

Us has reached the letter of a reader who wanted to know if he could go in the event of a domestic quarantine in his own garden. It turned out that the answer to the question is not so easy, because it depends on different criteria. Our colleague, who has researched this case, sent him the following answer:

“On call and demand has given us the authority for health and consumer protection, Hamburg, that an in-home quarantine, if arranged, will first be interpreted literally so. Say: in Order to prevent contacts with other people, you would have to actually residing in the house.

The authorities spokesman said also that the competent health could meet velvet might also be a case by case decision. That is, if you live on a property that is not adjacent to that of their neighbors, were allowed walks in the garden possibly. It is oriented generally very close to the recommendations of the Robert Koch Institute (RKI).

The RKI informed us by telephone that stays do not need to be excluded in your own garden per se. ‘It’s not about protecting nature from the Virus, but the population’, said our contact, who pointed out that, depending on the case, walks in the forest ‘must not be excluded’. However, it had to be taken to avoid contacts with other people and generally be a distance of at least two meters apart. Nevertheless, the spokesperson stressed that The final decision whether you are likely to have in your garden, can the Board of health meeting.”

Therefore, we recommend to inform in the specific case for the competent health authority, to violate the applicable conditions of ignorance. Which health Board is responsible for can be online at the RKI in (city or ZIP code to enter).

Sources: Federal Ministry Of Health, The Robert Koch Institute

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