OLG Karlsruhe: possession of an undetermined amount can be prohibited
Baking powder is not only a blowing agent for cakes, but can also be used in an explosive device. Therefore, inmates should be prohibited from possessing the cake ingredient in their cell, since otherwise prison security is endangered, the Higher Regional Court (OLG) Karlsruhe decided in a decision published on Thursday, July 21, 2016 (file number: 2 Ws 125/16).
In the specific case, a custodian regularly practiced cake baking. He was able to buy the baking powder required for this regularly from the correctional facility (JVA). Only in his cell was he finally no longer allowed to store it.
The JVA administration revoked permission to store it in the cell for security reasons. Because with the baking powder, an explosive device can be built “with the simplest of means”. Prison security is at risk. But he could store the baking powder in the office or a lockable closet in the living room. During cell opening hours, he could then fetch the baking ingredient and use it in the communal kitchen to bake cakes.
The detainee wanted to keep the baking soda in his room.
But he cannot demand that, according to the OLG in his decision of June 30, 2016. In principle, a custodian may have everything that he can regularly buy in the prison. Here, the possession of undetermined quantities of baking soda in the cell was illegal from the outset. Because the agent can be used to build an explosive device, so that the safety of the prison is at risk.
The obligation to store the baking powder only outside the cell also does not violate the property guarantee in an unconstitutional manner. The property right is affected only slightly here. fle