Luther Advises Braunschweig Pilot Project on the Sobering Up of Intoxicated Persons in Police Custody

Until now, medical treatment for alcohol intoxication in the Braunschweig region has been provided primarily in the Clinic for Psychiatry, Psychotherapy and Psychosomatics at the Braunschweig Municipal Hospital. As a result, not only were therapeutically valuable capacities partially occupied without medical necessity, but increasingly also the clinic staff was exposed to assaults and violence by intoxicated persons. With the establishment of a medical monitoring service for the drunk-drugs unit on police premises, which monitors and cares for intoxicated persons during their stay, the public institutions involved have created an effective solution model.

The model is designed as a joint project of the city of Braunschweig, the Städtisches Klinikum Braunschweig gGmbH, the Medizinische Versorgungszentren am Städtischen Klinikum Braunschweig GmbH, the Braunschweig Police Headquarters and the fire brigade of the city of Braunschweig as the carrier of the emergency service. Luther provided comprehensive advice to the parties involved, both in the regulatory conception of the model as well as in the contractual design and implementation.

The pilot phase of the project, which will initially run for two years and is unique in Lower Saxony in its conception and implementation, is scheduled to begin on 1 October 2020. Subject to approval by the Braunschweig City Council, an annual budget of EUR 60,000 will be set aside in the city budget.

For the participants:

Luther, Medical Law: Dr Hendrik Bernd Sehy (Counsel, Lead), Frances Wolf (Associate)

Luther, Local Law: Dr Franziska Klaß-Dingeldey, MLE (Senior Associate)

Luther, IP/Data Protection Law: Dr Kay Oelschlägel (Partner), Dominik Menhaj (Senior Associate)

Luther, Tax Law: Jens Röhrbein (Partner), Serpil Arduc, LL.M. (Associate)

Luther, Tenancy Law: Dr Katja Schwenzfeier (Partner)