Test questions

Check your 34a knowledge!

1 / 22

What does the obligation to pay damages (according to § 823 BGB) mean?

The obligation to pay damages states that whenever someone causes damage directly or indirectly, he/she must pay for it.

If someone intentionally or negligently unlawfully violates another’s legal property, he/she must in principle make good the damage caused.

Only if someone negligently infringes another person’s legal property unlawfully, he/she must in principle make good the damage caused.

Only if someone intentionally violates another person’s legal property unlawfully, he/she must in principle make good the damage caused.

The obligation to pay damages protects legal interests such as the health, freedom or property of a person.

2 / 22

Which of the following acts (examples) are considered crimes?

A driver does not clear the road even though an ambulance with its special signals switched on has to go to an emergency.

A robber holds up a bank but only gets away with 100 euros because the cash is electronically secured.

One man slays another for base motives.

A woman slaps her child because it does not follow.

One person secretly mixes a dangerous drug into another’s drink.

3 / 22

The police…

…is above the law in Germany.

…is basically a matter for the Länder in Germany

…is also a federal matter in the case of the Federal Police or the BKA, for example.

…is always obliged to intervene if a citizen asks them to do so

4 / 22

A party guest punches a security guard in the face with his fist during access control because he feels discriminated against. The employee on one eye permanently loses his vision.
How do you classify the facts of the case in terms of criminal law?

The party guest commits a prohibited act of self-inflicted violence.

The party guest commits dangerous bodily harm.

The party guest acts in self-defence.

The party guest commits grievous bodily harm.

5 / 22

Are the fundamental rights from the Basic Law also applicable to security staff vis-à-vis other citizens?

No, because only the police and state authorities have these rights.

Yes, because although fundamental rights are fundamentally intended to defend against arbitrary state action, they also apply between citizens (third-party effect).

No, because security guards (with a certificate of competence) always have special rights.

Yes, but security guards only have the same rights as any other citizen.

6 / 22

A person who arrests another under section 127 of the Code of Criminal Procedure does not act unlawfully if…

…the other is caught in the act and unknown.

…the identity of the absconding person is known, but there is a risk of absconding due to removal abroad.

…she herself is a security guard in the performance of duty, regardless of the facts of the case.

…the police had previously been notified and help requested.

…there is personal injury or damage to property in an amount of at least 100 euros.

7 / 22

To which of the following cases does the GDPR apply?

For the processing of personal data wholly or partly by automatic means.

For the automated processing of company-related data that is subject to confidentiality.

For the non-automated processing of personal data stored or to be stored in a file system.

For the non-automated processing of personal data for personal or family activities.

8 / 22

What does general self-help (according to § 229 BGB) allow under certain circumstances?

The taking away, destruction or damage of an object

The establishment of a person’s identity.

Arresting or detaining a person

Always searching a suspicious person

Punishing the offender by direct coercion

9 / 22

What must be fulfilled if you want to become a self-employed security contractor?

You have to prove that you have sufficient liability insurance.

You don’t have to have passed an expert knowledge examination, because one week of instruction is enough.

One must live in orderly financial circumstances and reliability must be given.

You have to be at least 25 years old and a German citizen.

You only have to file a business registration with the competent authority.

10 / 22

When is a guarding trade pursuant to § 34a GewO?

If a discotheque places its own staff at the door to check admission.

If you run a detective agency for investigations on a commercial basis.

When you protect your own life or property.

If you protect someone else’s life or property on a professional basis.

11 / 22

When is there a non-genuine offence of omission?

In the case of a failure to render assistance (according to § 323c StGB), e.g. in the case of a traffic accident, if one does not help.

If you have been asked to leave someone else’s home several times but do not comply with the owner’s request.

If, as a security guard, you have to avert damage on the basis of your guarantor status, but fail to do so.

When you notice that someone is planning a serious crime (e.g. a rampage) but does nothing.

If a police officer in his spare time notices a helpless person on the street, but just keeps walking.

12 / 22

Which of the following parts does the Criminal Code consist of?

From the general part, in which, among other things, the scope of application and the basics of criminal liability are regulated.

From the universal part, which applies to all people, and the bourgeois part, which only applies to Germans.

From the special section in which the various offences such as trespassing or assault are described with facts as well as sanctions.

From the federal part, which includes regulations and legal standards of the individual German Länder.

From the central part, which defines important legal terms and principles.

13 / 22

When is the processing of personal data permissible?

If the person concerned has consented.

If the data subject does not object to the processing.

If a law or regulation permits the processing,

If the data was secretly collected directly from the data subject.

If a legitimate purpose is pursued, processing is allowed in all cases.

14 / 22

What is the “principle of legality” ?

This means, for example, that the public prosecutor’s office prosecutes the perpetrator of a criminal offence that has come to its attention and initiates investigations (compulsory prosecution).

This means that fundamental rights only apply to people who are legally resident in Germany.

The principle of legality states that the police have no discretionary power when filing a complaint, i.e. they must start investigations.

The principle of legality only determines who may legally intervene in the rights of others (special rights).

15 / 22

What rights does a data subject have in data protection?

Right of access and rectification.

Right to store and transfer.

Right to erasure or blocking.

Right not to be forgotten.

16 / 22

Which of the following justifications can be found in the BGB?

Self-defence

Self-help of the owner/servant of the owner

Self-help of the owner

Justifiable necessity

Excusable state of emergency

17 / 22

Is the state allowed to interfere with citizens’ liberties guaranteed by the Basic Law?

No, never, because the constitution fully protects these rights of freedom.

If there is a 2/3 majority in the Bundesrat and Bundestag for this, it is permissible.

Intervention is possible if laws allow it, but only if the Basic Law provides for it.

By order of the Federal President or the Federal Chancellor, this is always possible in the case of swearing-in.

18 / 22

Which statement(s) about the possessory servant is/are correct?

Valets are something like butlers. They serve a person e.g. in the household or when travelling.

Servants in possession exercise actual power over a thing for the owner.

Servants in possession can never invoke the right of domicile, as only the owner of the dwelling has this right.

A valet (e.g. a security guard) is in principle bound by instructions to the owner.

Usurpers are appointed by the Office for administrative activities and then also have sovereign rights (to a limited extent).

19 / 22

With which qualification(s) may one work as a shop or department stores’ detective?

Completed vocational training as a specialist for protection and security

Trained and certified safety specialist

Completed instruction according to § 34a GewO

Passed expert knowledge examination according to § 34a GewO

As a former civil servant in the police administration

20 / 22

What has to be taken into account in the case of video surveillance by private bodies?

Sanitary rooms (e.g. toilets) may only be monitored for hygiene reasons.

Video surveillance and the person responsible for it must be indicated by a sign.

In the area of changing rooms, the protection of property (prevention of theft) justifies video surveillance as a legitimate interest.

Video surveillance by private individuals is permissible in actual public traffic areas, e.g. for the purpose of safeguarding house rights.

Video surveillance is only ever permitted to public bodies (e.g. the police)…,

21 / 22

Which of the following aspects are regulated in the guarding ordinance?

The design of the service uniform and the service card

Guidelines for the service instruction

Regulations on work on Sundays and public holidays

Special rights of security staff

Self-defence, emergency assistance and other grounds for justification

22 / 22

What is meant by interference with possession?

Interfering with possession constitutes unlawful interference with possession (according to § 858 BGB) if there is no justification for it.

Disturbance of possession is a criminal offence under the Criminal Code (unlawful squatting).

As in the case of unlawful deprivation of possession, one can defend oneself in the case of interference with possession by self-help of the owner or servant of the possession (defence of possession/return of possession).

For example, anyone who enters someone else’s property to seek shelter because a severe storm is coming is committing a trespass.

A disturbance of possession is a security technology problem, e.g. when the image from video surveillance is so disturbed that the possession can no longer be visually monitored by security personnel.

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