28 March 2021
![Can a thief be the owner of something stolen?]()
Again and again I am asked questions about the content of the examination.
From now on, I will also occasionally go into more detail on frequently asked questions about the exam topics in the blog, especially those that cause confusion for many participants time and again.
Just recently, I received an enquiry from a learner who wanted to use the Subject matter learning portal prepared for the 34a exam online. He told me that there was supposedly an error in the test questions on the portal:
“When someone steals something, they have stolen it from someone else. The correct answer in the learning portal is that the thief is then the owner of the thing. That can’t be right. How can a thief be the owner if he has taken something from someone else against his will? That must be wrong!”
Let’s take a brief look at the facts under criminal and civil law
First of all, when it comes to answering the questions in the examination, it is important to know whether the question is about criminal law or civil law — or both. Accordingly, you have to look in particular at which offences from the Criminal Code (StGB) and/or the German Civil Code (BGB) apply.
If you look in the Criminal Code under § 242 theft and looks at the facts described, one quickly realises that this applies to the facts of the case. A person takes a movable thing from another person without being allowed to do so, in order to appropriate it for himself. The thief wants to keep the stolen goods for himself. He acts unlawfully.
However, nothing can be found at this point on the keywords Ownership or possession — You have to look at the BGB for that.
In the BGB, in § 854 Acquisition of possession stipulates that the owner is the one who has the actual power over the thing has. And this brings us directly back to the initial question: The The thief is the immediate owner of the stolen thingbecause he exercises the actual power over the thing. He can, for example, use the thing or move it to another place. It does not depend on the will to transfer, i.e. the thief becomes the owner, even if the previous owner does not want this. However, it is also the case that the Possession of the thief defective is. The rightful owner has a claim because of the deprivation of possession by the thief. Claim to regain his property.
In Germany, ownership is already guaranteed by the Basic Law in Art. 14 protected — everyone is allowed to acquire ownership of things themselves and the state guarantees this right.
What is the situation in the case described with regard to ownership? Does the thief also become the owner of the thing? No!
While an owner has the actual power over a thing, the owner has the legal power. Owner and possessor can be identical. For example, if you buy a bag of rice in the supermarket, you acquire ownership of the thing when you pay. At the same time, you are the owner of the bag of rice, because you have the actual power over the thing. If you lend a neighbour your drill, then you remain the owner of the drill. However, the neighbour becomes the owner and can use the drilling machine to drill holes in the wall of his house as he pleases.
The The owner’s powers are defined in § 903 BGB. regulated. In demarcation from the owner, the Owner not the actual power over a thing, but the legal authority. If he is not the owner of the thing at the same time anyway, he can obtain from the owner of the thing, for example, the Published so that the owner now also acquires the actual power (possession) over the thing.
Briefly summarised
A thief is the owner of the stolen thing as soon as he exercises actual power over the object. However, possession is deemed to be defective. The original owner or the owner has a claim for restitution (possibly a claim for damages) against the thief who unlawfully (in unlawful interference) has acted. However, the thief is not the owner of the thing, since the stolen object rightfully belongs to someone else.
Do you also have questions about the expert knowledge examination according to § 34a GewO in guarding?
Then simply post them in the forum: https://www.sachkunde-34a.de/sachkundepruefung-34a-forum-fragen
Another reader or I as the author of this page can certainly answer your question.
By the way: If you are completely Prepare comprehensively for the examination and individual questions answered competently at all times I can give you the eLearning at www.sachkun.de recommend. You can find in this Learning portal research the questions already asked and ask your own questions without limit. The questions will be answered there in a timely manner by Specialist lecturerswho are well versed in the subject matter!
26 March 2021
![Big ticket, little ticket - what is that supposed to be?]()
The confusion is great
Again and again one reads in job offers, job applications or course offers about the big or small “Security certificate” — sometimes just called a large or small note.
Such terms are also frequently used in forums, on social networks or even on the pages of course providers. But beware: There is no such thing as a large or small security pass!
What is meant by “security certificate”?
Section 34a of the Trade, Commerce and Industry Regulation Act (Gewerbeordnung) contains important provisions on what a person must fulfil if he or she wants to “professionally guard the lives or property of other people”. The § 34a GewO is primarily aimed at Security contractor and regulates what they must fulfil in order to register a guarding trade. However, it also regulates that the tradesman may only entrust the performance of guarding tasks to persons as Workers who, as guards, on the one hand, are permitted to required Reliability on the other hand, have certain Minimum qualifications have to show. With regard to qualification, this ominous “certificate” often comes into play: by “large certificate” some mean the successful passed examination, i.e. proof of the passed test performance at the Chamber of Industry and Commerce. The “small certificate” is sometimes called the Participation in the briefing This is a course in which you only have to complete 40 teaching units and receive a certificate of attendance, the “certificate of attendance”. Proof of instruction, is given. During the instruction, no knowledge is systematically tested, only a kind of short comprehension test takes place. In the case of the examination of professional competence, on the other hand, there is a 120-minute written test and a subsequent oral examination. The Expertise test is accordingly clear higher-quality than the instruction and one is also allowed to take on special surveillance activities, such as patrols in public traffic areas or working as a shop detective. How the instruction procedure and the examination of competence work, what is asked and who does not have to take part in it, if applicable, is described (among other points) in the Surveillance Ordinance regulated.
Why are the wrong terms used for the expert knowledge examination?
In my estimation, this has various causes. Some people simply do not know any better, some pronounce Convenience only briefly of the “appearance” and some persons (especially companies) use intentionally wrong terms. Since the actually wrong terms are quite common in certain circles (especially among the less qualified), many people who want to prepare for the examination of professional competence simply search for the term “security certificate”, for example. Or else Companies mislead prospective customers into believing they have more than they actually have in them: In the past, there have always been training companies that offered a “safety specialist” qualification. That sounds like more! But what is actually included is usually “only” the preparation for the qualification. At a price of many hundreds or even more than a thousand euros. The specialist for protection and security, on the other hand, is a real 3‑year vocational training — there is a risk of confusion! My tip: So pay close attention to the terms used and, if in doubt, ask what is specifically meant by them. Drücken Sie sich selbst am besten klar aus und verwenden Sie die richtigen Begrifflichkeiten. Sie zeigen damit, dass Sie sich auskennen 🙂
Recently, Jörg Zitzmann also dealt with the issue of “large/ small appearances” in his podcast for protection and security in episode 328. As managing director of the Academy for Security, he regularly receives such enquiries and clarifies: https://www.podcast-fuer-schutz-und-sicherheit.de/podcast/328-grosser-oder-kleiner-securityschein/
17 June 2020
![Passing the expert examination according to § 34a Gewo despite the Corona crisis]()
In the past months, the examinations according to § 34a GewO (guarding) were cancelled due to the Corona crisis (COVID-19). Now the examinations will take place again at the Chamber of Industry and Commerce (IHK). For all those who registered in time or whose date was postponed, the written examination will take place tomorrow, 18 June 2020. Special regulations currently apply in many places for taking the exam, e.g.:
- you are only allowed to participate if you do not show any symptoms of a cold
- one must not have had contact with persons with corona infection within 14 days
- you have to keep a minimum distance (usually 1.5 metres) from others
- there is a general obligation to wear a mouth-nose mask
- one should also not form groups before and after the event
- if you have to cough or sneeze, then in the crook of your arm
- one should pay attention to hygiene (e.g. use hand disinfection)
- Handshakes and personal contact should be avoided
You can find out exactly which regulations apply on the letter from the IHK for the examination or also on the website of the respective IHK.
To all those taking the exam tomorrow, I wish you every success!
PS: If your exam, which should have taken place in April, for example, has been cancelled without replacement, you must register for a new date!
Due to the current high demand, you should register early for the exam. As minimum distances have to be observed, the already scarce places are even more limited. You can find all exam dates at https://www.sachkunde-34a.de/wann-termine-34a/
21 April 2020
![Expertise info page: Everything new!]()
Hello to all those interested in expertise!
As of today, the information page on the subject has a new look. The site has been completely redesigned graphically and is now also easy to use on smartphones! In addition, the range of services has been expanded. Ask your question in the Forum or use the Page searchif you need information on a specific subject.
News always in the blog
Also new is the weblog where you are currently reading this post. I will inform you here in short articles whenever there is news about the 34a examination or other security topics!
About me
My name is Hannes Fichtel, I am an examiner in various examination boards in the field of protection & security at the IHK. I have been working in private security since 2006. Starting with the instruction according to § 34a GewO and the training as a specialist for protection and security, I have developed further via the advanced training as a master for protection and security (IHK) up to the bachelor and master studies in the security industry. I run the expertise infoportal and am happy to answer any questions you may have!
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