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The phone number to reach the police in Germany is 110.
No. Everyone is entitled to avail of police assistance regardless of documents or official registration.
Calling the police is generally safe even if migration issues exist. Police may seek personal information such as name, date of birth, citizenship, etc. Police should thereby learn that the individual may not be entitled to stay in Germany; it is obligated to inform the immigration authority in charge (Sec. 87(2) German Residence Act). However, the local immigration authority is responsible to act lawfully in assessing each case based on its facts and the law. While mere communication with the police will thus not alter the facts of each individual case, it may of course trigger attention to a particular case on the part of the immigration authority.
It is important to note, however, that German law provides for exceptional legal grounds to seek entitlement to stay within Germany in cases of domestic violence. Where the individual derives her right to reside in Germany from her spouse, German law grants an independent right of residence of one year in case marital cohabitation ends. This would require (i) marital cohabitation to have lawfully existed for at least three years or (ii) the foreign spouse has passed away during marital cohabitation. The requirement of a three-year long marital cohabitation may be waived upon the discretion of the immigration authority if this would pose particular hardship. Such hardship is deemed to apply especially if domestic violence has occurred (Sec. 31(2) German Residence Act).
Emergency medical help can be reached in Germany at 112.
Medical staff are under an obligation to help people that need medical assistance irrespective of their status, documents or finances. Typically, doctors will enquire about personal information including the status of insurance. If no insurance exists, this should be brought to the attention of the doctor/medical staff. Some clinics or hospitals are prepared to offer medical assistance at reduced or in certain circumstances at no costs.
If costs are nevertheless incurred, the clinic/hospital may address the local social welfare office and apply for financial assistance. Such assistance would, however, only cover urgent medical care, but must be granted irrespective of the immigration status of the individual.
No, medical staff are generally under an obligation of confidentiality and may not transmit information about the patient to the immigration authority or police.
As previously, stated, medical staff is generally under an obligation to help people that need medical assistance. In cases of emergencies, it is thus the patient’s right to ask for medical assistance. Please note, however, that the determination of whether or not an emergency is at hand is naturally a medical one that will be assessed by medical staff.
Generally, medical staff is under an obligation of confidentiality (see above). In certain extraordinary circumstances, medical staff may, however, be released from such obligation if there is an indication of an emergency (Notstand) that justifies the lifting of professional obligations for the sake of protecting a victim.
If medical staff is of the opinion that an emergency is at hand that would require the authorities to intervene to prevent greater harm, this would typically be reported to the police. The latter may then investigate further and take the actions necessary to prevent greater harm to the victim.
If medical staff is of the opinion that an emergency is at hand that would require the authorities to intervene to prevent greater harm, this would typically be reported to the police. The latter may then investigate further and take the actions necessary to prevent greater harm to the victim.
Domestic and intimate partner sexual violence is punishable under German criminal law and may further trigger civil liability and related consequences. Depending on the particular act(s), one or more statutory criminal offenses may have been committed that may result in respective punishment. Criminal offenses are set forth in the German Criminal Code (Strafgesetzbuch) (see list below). Most importantly in 2016, Germany updated its law punishing rape (Sec. 177 German Criminal Code) (“No Means No-Legislation”). Under the new legislation, the perpetrator must have performed sexual actions “against the discernible will” of the victim. Thus, any explicit or implicit expression by the victim that the respective sexual actions are against her will suffice. Pursuant to the legislative materials, crying or acts of defense will constitute typical expressions. In addition, any such acts will typically qualify as further criminal offenses that may be prosecuted.
List of articles from administrative and criminal codes
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