Flag law: Waterway police take action against false flagging

Ignorance is no defence against criminal charges - three boat owners with moorings in the marina in Boltenhagen experienced this first-hand this season. The long-term moorers had placed the Mecklenburg-Vorpommern state service flag under the spreader, unaware that this was a criminal offence.

Great indignation

The offence was discovered during a routine check by the Wismar water police. The officers then demanded that the harbour office hand over the contact details of the owners in question. There was a great deal of excitement among the permanent berth holders, as they had hoisted the "Taurus and Griffin" flag without any malicious intent, but rather full of national pride.

The outrage even prompted the marina to have the matter legally investigated and caused such a stir that even the Ministry of the Interior enquired about the case with the Wismar Water Police Inspectorate.

Who is in the right?

However, since a change in the law in July 2016, the Flaggenrechtsgesetz (FlaggRG - Flag Law Act) stipulates that the misuse of official state flags can be punished under criminal law. While federal state flags - flags without coats of arms - may be used privately, the private use of official flags - state flags with coats of arms - is reserved exclusively for the authorities in many federal states, including Mecklenburg-Western Pomerania and Schleswig-Holstein.

The three owners from Boltenhagen are now facing criminal charges, the outcome of which remains to be seen.

This is what the Wismar water police said when asked by YACHT online (read more on the next page):

Why are sailing yachts being checked for flag offences right now?

During a normal patrol in the Bay of Wismar in June, we noticed the national service flag on the mast of a boat for the first time, which caught our attention. This was a new case for the department. As a result, our colleagues were sensitised to the issue and we included the inspection in our routine patrols and checked to see if other owners had the same problem. This was also the case in Boltenhagen Marina.

Where is it checked?

We carry out checks wherever the water police are deployed. We are out on patrol every day. We check for anomalies, including flagging in accordance with regulations, but also speeding or alcohol consumption on board.

What are the consequences of a detected offence?

This is initially a criminal offence and will therefore result in proceedings. If the criminal proceedings are discontinued, which can be assumed, a so-called "overhang" can remain as an administrative offence and will be forwarded to the relevant office for administrative offences. Such an offence is punished with a warning fine, the amount of which is at the discretion of the competent authority.