Judgments No baking soda in prisons

OLG Karlsruhe: possession of an indefinite amount can be banned
Baking soda is not only a blowing agent for cakes but can also be used in an explosive device. Therefore, detainees to prohibit the possession of the cake in her cell, otherwise the prison security is endangered, the Higher Regional Court (OLG) Karlsruhe ruled in a decision published on Thursday, July 21, 2016, (Az .: 2 Ws 125/16).

In this specific case, a securities depositor regularly practiced cake baking. He was able to regularly buy the necessary baking soda in the correctional facility (JVA). Only in his cell he was finally no longer able to store it.

Verdict: No baking soda in prisons. Picture: Swapan - fotolia

For safety reasons, the JVA administration revoked permission to store in the prison room. Because with the baking powder could be built "with the simplest means" an explosive device. Prison security is thereby endangered. He was allowed to store the baking powder in the duty room or a lockable cupboard in the living room. During the cell opening times, he could then get the baking ingredients and use them in the communal kitchen for baking cakes.

The security guard, however, wanted to hoard the baking powder further in his room.

But he can not demand that, so the OLG in its decision of June 30, 2016. Basically, a security depository may have everything he can buy regularly in the prison. Here, however, the possession of indefinite quantities of baking soda in the prison was from the outset unlawful. Because the funds could be used to build an explosive device, so that the security of the prison was at risk.

The obligation to store the baking powder only outside the cell does not violate the property guarantee in an unconstitutional way. The ownership is only slightly affected here. fle