Appendices
Reading edition
405
APPENDIX I PARIS REGULATIONS[672]
Duties and Prohibitions Imposed on Public Prostitutes.
Public prostitutes are required to report at the Health Dispensary for medical examination at least once a fortnight at dates that will be fixed for each case.
They are ordered to show their sanitary cards whenever requested to do so by police officers or agents.
They may not walk about in public streets before the street lanterns have been lighted, nor, in any season of the year, before seven o’clock in the evening; nor may they remain in the streets after midnight.
There must be nothing about their deportment or their attire that attracts attention in an offensive manner.
They are expressly forbidden to speak to minors or to men accompanied by women or children, or to entice anyone in a loud voice or with persistence.
They are forbidden to loiter in the streets, to gather in groups, to walk about in groups, to pass the same points too frequently, as they go up and down, and to have their “pimps” walk with them or behind them.
They are not permitted to be in the vicinity of churches (Catholic or Protestant), schools and lycées, covered arcades, boulevards, the Champs-Élysées, the railway stations and their approaches, and the public parks.
They are not permitted to live in houses in which there are boarding-schools or day-schools.
406They are likewise not permitted to share their lodgings with a lover or with another prostitute.
They must never solicit from their windows.
Any woman violating the above instructions, or resisting officers of public authority, or giving wrong information as to her address or name, incurs the risk of certain penalties, the severity of which is in accordance with the seriousness of the offence.
Important Notice.—The card issued to prostitutes at the time of their enrolment is not to be regarded as an authorization, and must in no way be taken as an encouragement to vice, or as an obstacle to decent employment.
The card enables the administration to determine whether the public prostitutes—in their own interest as well as in the interest of the public health—are reporting regularly for the medical examinations which are provided for them as long as they continue practising prostitution.
A woman may at any time be stricken from the list and have her card recalled, if it be shown that she no longer draws her means of subsistence from prostitution.
Furthermore, the necessary confirmation of the above fact will be sought with reserve and discretion.
Instructions Governing the Various Operations of the Morals Service.
I CLANDESTINE PROSTITUTION
§ 1. Searches and scrutinies carried on in private houses in furnished-room houses, and in cafés and saloons.
The inspectors of the active morals service, when informed that a certain private house or furnished-room house is being secretly used as a resort for prostitution, will immediately report such information to their Officier de paix, 407who will draw up a statement for the Chief of Municipal Police.
The Chief of Municipal Police will cause exact and precise data to be gathered, which will be reported to the Préfet de Police by the Chief of the 1st Division, who, if that be desirable, will advise the Préfet to issue a search-warrant.
This warrant, issued in accordance with article 10 of the Law of July 22, 1791, and having effect at any hour of the day or night, in cases of public notoriety, shall then be transmitted to the Chief of Municipal Police, together with a note giving the necessary directions to assist in carrying it out.
The inspectors ordered to the search will report to the Commissaire of police of the quarter, to advise him of their mission, so that he may be in readiness to furnish aid when aid shall be required.
The authorization to live in furnished rooms, granted to prostitutes who, by reason of their age or their infirmities, cannot secure places in brothels, and cannot afford to live in quarters of their own, has no other purpose than to enable them to find a home. Such authorization does not exempt them from the consequences of the offence of practising prostitution in the furnished rooms inhabited by them.
It would be proper, therefore, to arrest women, if, in the course of search made in execution of such a warrant, they should be found in the company of men enticed by them, which fact would furthermore constitute a charge against the keeper of the house, being an infraction on his part of article 5 of the Ordinance of November 6, 1778. But such arrests should not be made if the women are found with men with whom they regularly share those lodgings, being the concubines of such men, a fact which it 408would be easy to establish by referring to the list on the police register.
As for cafés, saloons, or other places where liquor is sold, and in which clandestine prostitution is encouraged, the Commissaires of police may enter such places, without a warrant, up to the closing hour, or even later, if such establishment should remain open in violation of the police ordinances.
They may go through public meeting places, if necessary, in order to ascertain infractions of article 14 of the Ordinance of November 8, 1780.
Inspectors who, in the course of their watches, may observe conditions constituting violations of the above nature, will inform the Commissaire of police of the quarter.[673]
§ 2. Girls not under supervision.
Inspectors must proceed with the greatest caution in the cases of girls not under supervision, whom they may meet in the public streets, and must not arrest them except after a surveillance resulting in the observation of a number of distinct acts of soliciting.
In a public place commonly known to be a resort for prostitution, it is proper to arrest a girl not under supervision, when there is evidence of the actual act, or an admission on the part of the girl or of the man found with her, that the girl has solicited him to the act of debauchery.
409Whatever may be the circumstances under which they have been arrested, girls not under supervision must, in accordance with the procedure outlined in the circular of March 24, 1837, be transferred as promptly as possible to the Bureau of the Commissaire of police of the quarter in which the arrest has taken place, and they must there be interrogated without delay.
Inspectors will always adopt an attitude towards such women, that will be in accordance with the dignity of the administration, except when legally confirming insults or assaults made on them by such women. They will absolutely refrain from in any way encouraging the women to solicit them.
When handing over a girl not under supervision, to the discretion of a Commissaire of police, inspectors will place in the hands of such official, unless he is in receipt of a complete declaration from them, a detailed report of the acts of which the girl is accused.
After having handed over a girl not under supervision, to the discretion of a Commissaire of police, or after having aided a Commissaire of police, while executing a warrant, in a public place, in making the arrest of a girl not under supervision, inspectors will at once ascertain whether such girl is really domiciled at the address given by her, and whether she is known by the persons whose servant or employee she states she has been.
They will carefully gather information as to her behavior and means of subsistence, and will report all facts thus obtained, in a special report to the Chief of Municipal Police, who will transmit the report to the Chief of the 1st Division.
Inspectors should never lose sight of the fact that the object of searches and scrutinies executed in pursuance of a warrant is to get at women or girls who are engaged in public prostitution, and not at those whose sole offence is 410an act of private debauchery, which, reprehensible though it may be, should not expose the woman committing such acts to the consequences that should be borne only by real prostitutes.
For instance, the mere fact that a woman is found in a furnished-room house, or in a public place, in the very act of debauchery, is not sufficient evidence to show that the woman is guilty of prostitution, if she has regular relations of this nature with the man found with her, and if no act of soliciting to paid debauchery is set forth. It is expressly recommended, that when women are found sleeping alone, even in places that have a bad reputation, no steps be taken to arrest them, unless the circumstances are such as to convince the Commissaire of police that such women have been engaged in an act of prostitution. The Commissaires of police will carefully, and without delay, investigate the circumstances causing the arrest of girls not under supervision; after having heard the arrested person, they will decide whether the arrest is to hold good. Should they consider it desirable to take immediate steps to ascertain certain facts, they may have a telegram sent for that purpose to the Chief of Municipal Police, by the Officier de paix of the arrondissement.
They will draw up a procès-verbal of the interrogation through which they have put the persons arrested. They are expressly forbidden to make use of printed blanks in conducting this interrogation.
II TOLERATED PROSTITUTION.
§ 1. Brothels.
Inspectors must keep tolerated brothels under daily surveillance, in order that they may be certain that no infractions 411of public order and decency take place there, and that the women keeping such houses comply rigorously with the special requirements made of them, as well as with the general regulations for public order, notably with those concerning the apparel and the number of girls permitted to go out, and the hours of leaving and returning.
As far as departures and returns are concerned, which take place by stealth after the closing hour, such acts do not constitute a punishable infraction except in so far as they may be the cause of noises of a nature to disturb the public peace.
Inspectors will hand in without delay, in the form of a special report, an account of any serious or extraordinary occurrence taking place in such houses, and will repeatedly warn the mistresses of such houses that the latter must immediately report any such event to the Commissaire of police of their quarter, unless they have an opportunity, within the proper hours, to notify the administrative Bureau of the Officier de paix assigned to the morals service.
Inspectors will strictly enforce the prohibition, issued to mistresses of houses, forbidding them to grant admission to students of the lycées, or of civil and military schools, when in uniform, or to any young men under eighteen years of age, and will report any infractions of this rule.
§ 2. Enrolled Women.
Inspectors will see to it that all the provisions of the decree of September 1, 1842 are carried out.
They will require individual prostitutes, not connected with brothels, when met with in inspections of furnished-room houses or other places, or in the course of the inspectors’ street duty, to show their cards, in order that the inspectors may know whether the prostitutes are prompt in reporting for medical examination, and in order that those who have missed examinations, a list of whom is given out 412twice a month by the administrative bureau, may be traced and called to account. When a girl makes a statement in explanation of her not having the card, which the inspector has reason to believe is untrue, he may accompany her to her home.
Inspectors who are ordered to bring an enrolled woman to the administrative office, and who do not find such woman at her home, will do no more than report that fact. They will leave no word as to the object of their call, in order that the woman wanted may not be tempted to conceal her whereabouts.
§ 3. Disappearances of girls.
The search for girls who have disappeared must be carried on with the greatest possible discretion.
In the cases of girls who have returned to their families, or who have taken up honest work, or who appear to be no longer deriving their means of livelihood from public prostitution, inspectors will merely report the present circumstances of the girls, in a special report.
Of the girls who have disappeared, only such are to be brought to the administrative Bureau, as have been found in brothels, or in the homes of other prostitutes, or in furnished-room houses or private houses, when none of the circumstances given above as exempting them from arrest under this head, is applicable to them.
III TRANSFER OF ARRESTED WOMEN TO THE PRÉFECTURE.
Prostitutes arrested by inspectors in Paris or in the suburbs, who cannot immediately be taken to the Préfecture de Police, will be kept at the station-houses, from which they will be sent to the Dépôt.
413 IV (On Sodomy, here omitted.)
V ADMINISTRATIVE SERVICE.
Before any other action is taken, the Interrogating Commissaire, Head of the Morals Bureau, should examine all documents relating to the arrest of girls not under supervision, in order to determine in what cases there is good reason for postponing the physical examination.
The interrogation of girls not under supervision is conducted by the Interrogating Commissaire himself; he reads to the girl the declaration made by her, and has her sign the procès-verbal of the interrogation; if necessary, he interrogates the officers.
Whenever it may be necessary to enroll a girl not under supervision, who is of age and who refuses to submit to the sanitary and administrative requirements, or, whenever it may be necessary to enroll a girl who is not of age, the case will be decided by a commission consisting of the Préfet or his representative, the Chief of the 1st Division, and the Interrogating Commissaire, instead of, as heretofore, ending with a written statement of the facts. This commission will interrogate the woman arrested as well as the officers.
It is important to bear in mind that prostitutes, at the time they are enrolled, receive a printed notice informing them that on their application their names may be removed from the surveillance lists, when some verification has been made of the fact that they have ceased practising prostitution. This verification should be made with discretion and reserve.
414In the matter of disciplinary punishments imposed on enrolled women, the procedure will continue to be as heretofore, that is, punishments will be assigned by the Préfet, on the motion of the Interrogating Commissaire, approved by the Head of the 1st Division. However, in any case of appeal by an enrolled woman from the punishment imposed upon her, such appeal shall be referred immediately to a commission consisting of the Préfet de Police, or his representative, and two Commissaires of Police of the City of Paris, chosen by rotation from the list of such officials.
Decisions of this commission will be made after hearing the arrested person as well as the officers, if that be necessary.
When the commission is not presided over by the Préfet in person, its decisions must be ratified by him.
To make certain the permanence of the service, the sub-Chief of the 3rd section of the 2nd bureau will bear the title of supplementary Interrogating Commissaire, but his services will not be called on except when the titular interrogating commissaire is prevented from being present.
VI MEDICAL SERVICE.
Although no cases have as yet arisen in which it has been necessary to use force in making the physical examination, the medical service is recommended to refrain from taking such steps in any case in which they may meet with resistance.
Such an occurrence should at once be brought to the attention of the Préfet.
415
APPENDIX II BERLIN REGULATIONS[674]
In the Police District of Berlin, a person of female sex who has been assigned, because of her practising immorality as a trade, to the surveillance of the Health Police, is subject to the following restrictions:
1. She must submit to medical examination as to her condition of health, in accordance with directions given her.
2. She must appear promptly, at the time set for her, for medical examination, and furthermore, as soon as she observes any indication of illness in her genitals, or in her inguinal glands, she must report at once to the Chief of the Morals Police and state her trouble.
3. Medical examinations ordered by the morals police, to take place in her own home, must be permitted without resistance.
4. When found afflicted with a venereal or skin disease, or with any contagious disease, she is obliged to submit to being committed to such hospital as may be designated by the authorities and to comply with the requirements of the treatment until she is cured. Furthermore she must punctually discharge the duties imposed upon her by the morals police in any home treatment ordered by that body, or in any treatment supplementary to hospital care.
If found infested with vermin, she must submit to the treatment as officially outlined.
416In the hospital she must comply with the orders of physicians and officials, as well as with the rules of the house; in case an absence has been allowed, she must report promptly on the expiration of the term granted.
5. She is not permitted to lounge about, in an offensive manner, in the streets or squares of the city, to entice men to lechery by addressing them, or to appear in the company of a person known by her to be under the surveillance of the morals police, or known to her as a pimp.
She is not permitted to stand or sit in doorways or entrance-gates.
She must comply absolutely with the instructions of the criminal officers who display the proper badges, which instructions are given for the maintenance of public order and public decency. This does not touch upon the rights of uniformed officers of supervision.
6. Except for very urgent reasons, she must not enter the following streets or places:
Lustgarten, Tiergarten, including Königsplatz, Friedrichshain, Humboldthain, Victoriapark, Unter den Linden, Friedrichstrasse, Belle-Alliance-Platz, Wilhelmstrasse, Potsdamerstrasse, Bülowstrasse from Zietenstrasse to Yorckstrasse, Linkstrasse, Lützowstrasse, Potsdamerplatz, etc.
7. She is not permitted to loiter in the vicinity of churches, schools, higher institutions of learning, buildings of the Royal Government or other public buildings, especially military barracks. She must not visit theaters, circuses, or exhibitions, or the concert gardens connected with them, the Zoological Gardens, the Museums, the railway stations (unless it be to purchase a ticket for railway passage), or, finally, any places that may be named in later orders of the police authorities.
8. In public meeting places she must not attract undue attention to herself.
4179. She may not enter into any manner of relation with male or female persons under 21 years of age, and, particularly, must not engage such persons as servants.
10. She must guard carefully against permitting the fact of her living in a certain house from becoming the occasion of any offence or disturbance, either in the house itself or in the immediate vicinity. Failing to prevent such offence, and having once been warned without effect, she must leave the house within the time indicated by the morals police when issuing the order of removal to her.
11. At any hour of the day or night, she must grant immediate admission to the police officer who calls in order to inspect her dwelling, or procure such admission for him, and give as much information as she may possess concerning persons found in her rooms.
12. If she is found in any resort known to the police as a place where prostitutes congregate, and if complaints have been made concerning irregularities at that place, she may be ordered by the morals police to refrain from entering such place.
13. She must not appear at the windows of her own dwelling, or of any other dwelling, in any manner that may give offence.
14. When asked, she must truthfully give the address of her home. She must personally report every change of address, at the registry of the morals police, not later than the next prescribed medical examination. In written petitions to the morals police, her present address must always be given in full.
15. She must not have her abode in the vicinity of churches, schools, or higher institutions of learning, buildings of the Royal Government, or other public buildings, especially military barracks, nor must she have her abode 418on the streets and squares to which access is denied her in Paragraph 6 of these regulations. As soon as her occupation of such dwelling as may be prohibited by this paragraph (15) is discovered, it is her duty to give up such dwelling, on the order of the morals police, within the period indicated by that authority.
16. She is not permitted to grant a lodging to her pimp in her own dwelling.
17. She must keep her control-book, and the identification card issued to her at dismissal, in intact condition, until they are handed over to the proper person; she must not leave either the identification card or the control-book in the keeping of other prostitutes or of any other persons not having any right to receive such documents.
18. When in the offices of the morals police, she must conduct herself quietly and decently, and comply absolutely with the instructions of the supervising staff and the physicians.
19. In accordance with § 361 sec. 6 and § 362 of the Penal Code for the German Empire, infractions of these rules are punished by imprisonment for not more than 6 weeks; the sentence may also provide that the condemned, after paying this penalty, is to be handed over to the State Police Department (Landespolizeibehörde), which body will have the discretion of committing the discharged prisoner to a workhouse, or a protectory, or house of correction, or other asylum, or of assigning her to labor of public utility, for a period not exceeding 2 years.
When proof is furnished of an honorable moral deportment and of the exercise of a respectable calling, as well as in cases of marriage, surveillance by the morals police will be discontinued on application.
All persons of female sex who are under the surveillance of the Berlin Morals Police, are subject to the above regulations, 419even though they may actually reside in one of the following districts:
Treptow, Reinickendorf, Tegel, Weissensee, Pankow, Tempelhof, Britz, Friedenau, Schmargendorf.
Persons of female sex living in Charlottenburg, Schöneberg, Wilmersdorf, Rixdorf, Lichtenberg, Friedrichsberg, Stralau, or Boxhagen-Rummelsburg, but subject to the morals police, not of those localities, but of Berlin, are likewise required to observe these regulations. They must particularly report at the Berlin Morals Police Office, on the days and at the hours set for them, until such time as they may be assigned to surveillance by the morals police of their own community, and made subject to medical examinations in such community.
These regulations go into effect on February 1, 1912.
(A printed circular as to the nature of various venereal diseases, and the precautions to be observed, is also given to every inscribed woman.)
420
APPENDIX III HAMBURG REGULATIONS. (a)[675]
I PRECAUTIONS AGAINST INFECTION WITH VENEREAL DISEASE.
(Directions to inscribed women; omitted here.)
II INFORMATION AS TO THE MANNER OF FILING CERTAIN COMPLAINTS AND AS TO HOUSES OF REFUGE.
Should a keeper of furnished rooms attempt to prevent the departure of a controlled girl, or retain possession of her effects, or make any claim for payments of whatever nature (such as repayment of money advanced, or for articles of clothing furnished by him), the girl, if not in a position to file complaint at the office of the morals police, should, on the occasion of her next medical examination, apply to the officers of the morals police, so that an investigation may be made.
The officers are also ready to give the girls information concerning Houses of Refuge where they may obtain shelter pending their return to a decent mode of life.
III POLICE REGULATIONS FOR WOMEN UNDER STRINGENT SUPERVISION OF THE MORALS POLICE.
§ 1. After being assigned to stringent police supervision, women so assigned will submit at once to examination by 421the head Police Physician or his representative, and, thereafter, to regular examination, twice a week, by the Medical Inspector appointed by the Police Department, at the place ordered by the Police Department, and at the time set by the Police Department. If, in the judgment of the Police Department, additional examinations are also necessary, the women will submit to them also, and will report promptly at the time and place indicated for that purpose.
§ 2. They must immediately report to the Police Department any symptoms of disease which they may have observed on their persons. Such immediate report may be omitted only when the regular examination of the medical inspector is to take place later in the day on which the symptom has been observed.
§ 3. At all examinations they must present themselves in clean clothing and in a condition of sobriety and bodily cleanliness.
§ 4. They must unhesitatingly comply with the instructions of the medical examiners.
§ 5. If the physician orders hospital treatment, they are obliged to submit to being transferred to such hospital as may be appointed by the authorities. There they must remain until the physician orders their discharge. During their detention at the hospital they must comply with the instructions of the physicians and officers of the institution, as well as the directions of the nursing staff, conduct themselves in an orderly and modest manner and observe the rules of order. It is forbidden to bring flowers, books, foodstuffs, beverages, or tobacco, to the hospital, without the permission of the physician, or to receive or utilize such articles at the hospital without such permission. It is strictly forbidden to make use of any apparatus, instrument, bandage, chemical, or medicament, on one’s own authority. Temporary absence from the hospital is only 422permitted with the approval of medical and police authority.
§ 6. Within 24 hours they must personally report any engagement of, or change of residence, at the office of the morals police (City Hall, 3d Story, Room 129), between the hours of 9 A. M. and 2 P. M., in addition to discharging any formalities as to reports of residence that may be required of all the members of the population. When about to leave Hamburg, permanently or temporarily, they must likewise personally report their departure at the same office, before 11 A. M. Within 24 hours after returning to Hamburg, they must personally report that fact at the office of the morals police.
§ 7. They must immediately grant admission to the police officer who calls in order to inspect their dwellings.
§ 8. They must comply at once and without fail with all instructions of the police issued to them for the preservation of peace and order, as well as for the administrative purposes of the morals police, without thereby forfeiting their right to lodge a subsequent protest.
§ 9. They must likewise comply with any commands or prohibitions of the police, other than those enumerated in these regulations, but issued in the interests of the administration of the morals police.
§ 10. They are not permitted:
1.
To live or spend the night in any houses other than those approved of by the morals police for the use of such women, to consort with men in other than the approved houses, or to wander about homeless, as vagrants,
2.
To have minors in their homes, take in other persons as boarders, or keep female servants under 25 years of age,
3.
To grant access to their dwellings, not to mention 423the granting of sexual intercourse, to persons who are minors,
4.
To appear visibly at the window or front door of the house they live in or of any other house, or to attempt to attract men by tapping, knocking, calling, or in any other manner,
5.
To accost men in the street or in other places accessible to the general public, to entice them, either by means of beckoning or of other gestures, or to molest them in any manner,
6.
To appear in public in any manner that may offend decency, or to appear in striking apparel,
7.
To spend the hours between 11 P. M. and 6 A. M. in any other place than in their homes,
8.
To frequent the following streets and places: Alter Jungfernstieg, Neuer Jungfernstieg, Alsterdamm, Neuerwall, Alterwall, Reesendamm, Rathausmarkt, Burstah, Adolphsplatz, Grosse, Johannisstrasse, Mönckebergstrasse, Steindamm, Reeperbahn, Spielbudenplatz, Dammthorstrasse, Harvestehuderweg, An der schönen Aussicht, Schwanenwik, An der Alster, and the Wallanlagen,
9.
To visit the following institutions, theaters, and grounds, or the parts thereof indicated: Stadttheater, Thaliatheater, Deutsches Schauspielhaus, Hansatheater, the box seats and orchestra stalls of the Carl Schultze Theater and of the Hamburger Operettentheater, seats on the first level of the Neues Operettentheater, the Museums, the Zoological and Botanical Gardens, the Velodrom, any seats or stands at the Races except second balcony or standing room, boxes, balcony and stalls at the circuses, functions under the auspices 424of the Allgemeiner Alster Club, particularly regattas, public music halls and public dance halls (except those at No. 25 Neustädterstrasse and No. 10 Mohlenhofstrasse),
10.
To enter any saloons, restaurants, cafés, concert halls and music halls in the City of Hamburg or in the following suburbs, united with the City by the Law of June 22, 1894: St. Pauli, Eimsbüttel, Roterbaum, etc.,
11.
To ride in open carriages,
12.
To make use of any apartments in the bath-houses of this city, other than those reserved for the use of individual bathers, and especially, to make use of the swimming-pools of such establishments,
13.
To employ, or permit others to practise for them, any device or process calculated to deceive the medical inspectors,
14.
To support a pimp or visit the dwellings of such, or to receive pimps in their own homes.
§ 11. Any woman under supervision, who offers reasonable assurance that she has completely abandoned vice as a livelihood, and is engaged in the pursuit of a legitimate calling, may be provisionally liberated, either wholly or in part, from the necessity of observing the regulations of the morals police, and, in case her conduct within a certain period, the length of which is to be designated for each special case, offers no reason to suppose that she will continue her practice of the vicious trade, the surveillance to which she is subject will be finally discontinued.
§ 12. In accordance with § 361 sec. 6 and § 362 of the Penal Code, infractions of these regulations are punished by imprisonment for not more than 6 weeks and commission to the State Police Department (Landespolizeibehörde), for detention in a workhouse for not more than 2 years.
425
HAMBURG REGULATIONS. (b) POLICE REGULATIONS FOR WOMEN UNDER LIMITED SUPERVISION OF THE MORALS POLICE.
§ 1. After being assigned to limited police supervision, women so assigned will submit at once to examination by the head Police Physician or his representative, and then to the regular medical examinations that will be set by the Police Department.
§ 2. They must immediately report to the Police Department any symptom of disease which they may have observed on their persons. Such immediate report may be omitted only when the regular examination by the medical inspector is to take place later in the day on which the symptom has been observed.
§ 3. At all examinations they must present themselves in clean clothing and in a condition of sobriety and bodily cleanliness.
§ 4. They must unhesitatingly comply with the instructions of the medical examiners.
§ 5. If the physician orders hospital treatment, they are obliged to submit to being transferred to such hospital as may be appointed by the authorities. There they must remain until the physician orders their discharge. During their detention at the hospital they must comply with the instructions of the physicians and officers of the institution, as well as with the directions of the nursing staff, conduct themselves in an orderly and modest manner and observe the rules of order. It is forbidden to bring flowers, books, foodstuffs, beverages, or tobacco, to the hospital, without the permission of the physician, or to receive or utilize such articles at the hospital, without such permission. It is strictly forbidden to make use of any apparatus, instrument, 426bandage, chemical, or medicament, on one’s own authority. Temporary absence from the hospital is only permitted with the approval of medical and police authority.
§ 6. Within 24 hours they must personally report any engagement of or change of residence at the office of the morals police (City Hall, 3d Story, Room 128), between the hours of 9 A. M. and 8 P. M., in addition to discharging any formalities as to reports of residence that may be required of all the members of the population. When about to leave Hamburg, permanently or temporarily, they must likewise personally report their departure at the same office, before 11 A. M. Within 24 hours after returning to Hamburg they must personally report that fact at the office of the morals police.
§ 7. They must immediately grant admission to the police officer who calls in order to inspect their dwellings.
§ 8. They must comply at once and without fail with all instructions of the police issued to them for the preservation of peace and order, as well as for the administrative purposes of the morals police, without thereby forfeiting their right to lodge a subsequent protest.
§ 9. They must likewise comply with any commands or prohibitions of the police, other than those enumerated in these regulations, but issued in the interests of the administration of the morals police.
§ 10. They are not permitted:
1.
To live in a house which the police authorities have declared to be unsuitable for them, to spend the night with men or consort with men in any other house than their own dwelling, or to wander about homeless, as vagrants,
2.
To take in another person as a boarder, to have 427any minor children (their own or those of others) in their rooms, or to keep a female servant who is under 25 years of age,
3.
To grant access to their dwellings, not to mention the granting of sexual intercourse, to persons who are minors,
4.
To appear visibly at the window or front door of the house they live in or of any other house, or to attempt to attract men by tapping, knocking, calling, or in any other manner,
5.
To accost men in the streets or in other places accessible to the general public, to entice them, either by means of beckoning or of other gestures, or to molest them in any manner,
6.
To appear in public in any manner that may offend decency, or to appear in striking apparel,
7.
To spend the hours between 11 P. M. and 6 A. M. in any other place than in their homes,
8.
To frequent the following streets and places: Alter Jungfernstieg, Neuer Jungfernstieg, Alsterdamm, etc.,
9.
To visit the following theaters, institutions, and grounds, or the parts thereof indicated: Stadttheater, Thaliatheater, Deutsches Schauspielhaus, Hansatheater, the box seats and orchestra stalls of the Carl Schultze Theater, seats on the first level of the Neues Operettentheater, the Museums, the Zoological and Botanical Gardens, the Velodrom, any seats or stands at the Races except second balcony and standing room, boxes, balcony and stalls at the Circuses, functions under the auspices of the Allgemeiner Alster Club, particularly regattas, public concert halls and public dance halls (except the Elbhalle and those at No. 42825 Neustädterstrasse and No. 10 Mohlenhofstrasse),
10.
To enter any saloons, restaurants, cafés, concert halls, and music halls in the City of Hamburg or in the following suburbs, united with the City by the Law of June 22, 1894: St. Pauli, Eimsbüttel, etc.,
11.
To ride in open carriages,
12.
To make use of any apartments in the bath-houses of this city, other than those reserved for the use of individual bathers, and especially, to make use of the swimming-pools of such establishments,
13.
To employ, or permit others to practise for them, any device or process calculated to deceive the medical inspectors,
14.
To support a pimp or visit the dwellings of such, or to receive pimps in their own homes.
§ 11. Any woman under limited supervision, who offers reasonable assurance that she has completely abandoned vice as a livelihood, and is engaged in the pursuit of a legitimate calling, may be released from the supervision to which she is subjected.
§ 12. In accordance with § 361 sec. 6 and § 362 of the Penal Code, infractions of these regulations are punished by imprisonment for not more than 6 weeks and commission to the State Police Department (Landespolizeibehörde), for detention in a workhouse for not more than 2 years.
429
APPENDIX IV VIENNA REGULATIONS.[676]
The following police regulations for the supervision of prostitution are issued in accordance with § 22 of the Ordinance of the Imperial Government of Lower Austria, dated February 9, 1851, L. G. u. Reg. Bl. No. 39,[677] on the Jurisdiction of Police Departments; and with reference to § 5 of the Law of May 24, 1885, R. G. Bl. No. 89.[678]
I. THE SUPERVISING AUTHORITY.
§ 1. The supervision of female persons who make a business of selling their bodies for vicious purposes, is incumbent on the District Police Commissariats[679] and on the Division for Morals Police Affairs of the Department of Police.
II. ASSIGNMENT TO SUPERVISION.
§ 2. In accordance with the provisions of this edict, assignments to supervision may be made either by the Department of Police or by the Police Commissariats. But no such assignments may be made without the previous declaration, on the part of the prostitutes, that they wish to be put under supervision.
430§ 3. Women must not be assigned to supervision if they are:
(a) girls under 18 years of age,
(b) virgins,
(c) pregnant,
(d) married and not legally divorced,
(e) afflicted with contagious diseases.
Prostitutes with venereal diseases must be committed to hospital treatment before their assignment to supervision.
§ 4. Women about to be assigned to supervision must prove their identity, and, particularly, their legal domicile, by presenting the proper documents. If necessary, a delay may be granted within which such papers are to be procured. This delay does not postpone the assignment to supervision.
They must be thoroughly interrogated on their circumstances and on the reasons which have caused them to enter prostitution. In this interrogation, which is to be conducted with due consideration for the peculiarities of each case, particular effort must be made to determine whether the women are aware of the significance of their step.
Finally, they are to be subjected to an official medical examination.
§ 5. Minors may be assigned to supervision only by the Department of Police, and by that Department only when complete moral indifference, without any hope of betterment, has been unmistakably ascertained.
In all cases in which there is even the remotest possibility of improvement, the assignment to supervision is to be postponed until such time when the attempts at reform may be regarded as finally ineffective. But every opportunity must always be offered to the legally constituted guardians of minors, to use the influence for good imposed 431on them by their position as guardians. With this object in view, such legal guardians are to be invited to the office, but every precaution must be taken to guard their reputations. If they reside outside of Vienna, the necessary negotiations should, under ordinary circumstances, be carried on directly with them, and not through the intermediation of the police authorities of their homes.
In order that the minor may be enabled, if possible, to return to a decent mode of life, constant communication must be maintained, in every case, with the Surrogate’s Office, and, wherever it is feasible, with the charitable organizations active at the time.
§ 6. No kind of certification of assignment to supervision is to be given to the prostitute; yet, she is to be subjected to verbal instruction on the essential contents of the police regulations.
§ 7. In the case of every prostitute, her possible previous sentences and venereal diseases are to be ascertained, either from the records of the Vienna offices, or through correspondence with the authorities in such localities as may previously have assigned her to supervision.
§ 8. Prostitutes of foreign domicile whose coming to Vienna was merely for the purpose of being assigned to supervision here, are to be deported from the city, in application of the Law of July 27, 1871, R. G. Bl. No. 88.
III. DWELLINGS OF PROSTITUTES.
(a) Prostitutes who practise prostitution in their own homes.
§ 9. Such prostitutes as practise prostitution as a trade in their own homes are obliged, in their choice of abode, to obtain the approval of the proper Police Commissariat. In granting this approval it must be borne in mind that such dwellings must be as distant as possible from the main 432lines of traffic, and not in the vicinity of schools, churches, or other public buildings, and not in any other places where their presence might give offence.
§ 10. Such prostitutes are not permitted to live with persons in whose households there are minors under the age of 18.
§ 11. Not more than three prostitutes who are under supervision may live with the same mistress of furnished rooms.
Such lodgings as may exist when this edict goes into effect, which do not fulfill the above requirements, are either to be gradually ordered vacated by prostitutes, at such opportunities as may offer, or the number of prostitutes is to be reduced to the prescribed limit.
§ 12. In the choice of their dwellings, as much liberty as is feasible is to be allowed such prostitutes as have homes of their own which they do not share with other prostitutes.
§ 13. There is to be no relation between the prostitutes and the mistress of their rooms other than that of tenant and landlady. No other influence must be exerted by the landlady over the prostitutes; particularly, the landlady must have no share or percentage in the proceeds of the vicious trade, nor must she hinder the prostitutes from moving out of the house, nor must she serve alcoholic beverages to the prostitutes or their customers.
Prostitutes are not permitted to live with landladies who violate the above regulation, provided that the nature of the offence has been explained to the offender, without effect.
§ 14. The Police Department is furthermore privileged at any time to forbid a prostitute to live in a certain house, or with a certain landlady, without assigning a reason for such prohibition.
433§ 15. Dwellings of prostitutes must be kept under constant thorough surveillance. Admission to such dwellings must be granted at any time to the officials sent for the purpose of inspection of the dwellings.
(b) Prostitutes living in brothels.
§ 16. The establishment of brothels, that is, of lodgings in which prostitution is practised as a business, and in which the mistress of the house figures as the entrepreneur or manager of the business, is to be prohibited.
Brothels already in existence are to be inspected regularly, without the previous knowledge of the inmates, both by the Commissariats and by the Police Department, by the former at least once every three months, and by the latter at least once every half-year. The inspections will be conducted by an officer of the reporting staff and an official physician.
The inspection is to include a scrutiny of all the rooms, an examination of the list which the mistress is required to keep (giving the name, personal data, day of admission, and day of departure, of each prostitute), a medical examination of the prostitutes to determine the existence of any physical abuses or maltreatments, and an inquiry into the manner in which all the remaining orders issued for the management of the brothel have been complied with.
At these inspections, furthermore, prostitutes must have an opportunity to make any complaints of whatsoever nature, without pressure from anyone, and it must be determined whether any difficulties are being put in the way of their leaving the house.
§ 17. The Commission of the Police Department may, as a result of the inspection, adopt such measures as appear to it to be for the best interests of the public, from the standpoint of hygiene or from that of the Morals Police Service.
434Should the Commissariat consider such measures desirable, it must apply for the approval of the Police Department, simultaneously submitting the record of the inspection to the Department.
§ 18. The employment in brothels of servants who are minors is not to be permitted.
§ 19. The Police Department may at any time order the closing of a brothel; particularly, when there have been infractions of the provisions of §§ 17 and 18, or even of § 13, the provisions of which are intended to be applied to brothels also.
(c) Prostitutes who practise prostitution outside of their homes.
§ 20. Prostitutes who practise prostitution outside of their homes are not as a rule limited to any locality in the choice of their dwellings. But even they may be forbidden to live in a certain house, when definite acts of theirs have been the occasion of complaints that have been shown to be well-founded.
IV. NATURE OF THE SUPERVISION.
§ 21. A prostitute subject to supervision is required to report twice a week, at times set for her, for official medical examination.
§ 22. A prostitute found, when being officially examined, to be afflicted with a venereal disease, is required to report for treatment not later than 6 P. M. on the same day, at the hospital to which she is referred by the Commissariat of the district in which she lives, under pain of compulsory transfer, should she neglect so to report. For this purpose, she must apply to the Commissariat of her district, for a certificate of commitment.
§ 23. A prostitute received at the hospital must remain 435there until her discharge is ordered by the physician treating her, and while there, must comply with all instructions.
§ 24. A prostitute discharged from the hospital must comply with the requirements of any additional outside treatment or observation of her condition, by presenting herself for examination at such intervals as may be set by the Sick Division.
In order that diagnosis, hospital treatment, and instructions for supplementary outside treatment may be entered on the sick card, the latter should be enclosed with the certificate of commitment that is sent to the office of the hospital when a prostitute is committed to such hospital. This card remains at the hospital until the prostitute is discharged or until the conclusion of any supplementary outside treatment or observation that may be ordered. The Police Department must be reminded that the card is still at the hospital, by means of a note to that effect, written on the sheet that carries the notification of dismissal to the Police Department.
Should the necessity of a new commitment of the prostitute to the hospital arise between the time of discharge and the termination of the outside treatment, effort should be made to have her committed to the hospital that is still in possession of her sick card, or to induce the former hospital to send the card to the hospital in which the prostitute has been received.
§ 25. A prostitute under supervision must give notice within 24 hours of every change of address, to the Commissariat of her former district as well as to that of her new district.
The control-sheet is at once to be sent to the proper (new) Commissariat through the Police Department.
§ 26. For reasons connected with the administration of the morals police, a prostitute under supervision is not permitted 436to stroll through the streets in the company of other prostitutes or of pimps, or to grant shelter to pimps in her home.
In other respects the prostitute is, in principle, to be bound only to comply with those general regulations for public morality and decency that are applicable to all persons.
§ 27. In the interests of public order and public decency, and on application of the Police Commissariat, orders may be issued for the purpose of abating a nuisance due to the behavior of prostitutes inhabiting a certain house or street in large numbers.
But the scope of these orders must not exceed what is absolutely required by the actual local conditions.
V. OFFICIAL MEDICAL EXAMINATION OF PROSTITUTES.
§ 28. The official medical examination must include all portions of the body, and involve, if necessary, a use of all the scientific apparatus which has been developed by the progress of medical knowledge, and which is at the disposal of the official physician. The use of the metroscope is particularly recommended.
In addition to making the examination, the physician should also, in each case, inform the women of its purpose, as well as of the nature of the first indications of contagious diseases, and of the danger involved in such diseases, and of the means of preventing infection by observing the proper hygienic precautions.
§ 29. If the official physician finds the prostitute to be infected with a venereal disease, he must without delay send a medical certificate to that effect to the Police Commissariat having jurisdiction in this case. He must warn the prostitute as to the obligations imposed upon her by §§ 22 and 23, and order her to stop having sexual intercourse, simultaneously 437calling her attention to § 5, item 3, of the Law of May 24, 1885, R. G. Bl. No. 89.
§ 30. The physician must enter the name of any prostitute whom he commits to the hospital in the list of inspections which he is required to keep.
The final hospital diagnosis, which is transmitted to the Police Commissariat after the dismissal of the prostitute from the hospital, must be sent to the physician for entry on his inspection list.
§ 31. Prostitutes who fail to appear for official medical examination, even though such failure occur only once, must immediately be reported to the Police Commissariat, which, unless adequate reasons for the omission are advanced, will at once cause the arraignment of such prostitutes. Such arraignment does not preclude the instituting of penal proceedings against the prostitutes.
Likewise, those prostitutes that do not appear at their official medical examination at the time set, are to be reported to the Police Commissariat in order that penal proceedings may be instituted.
VI. DEPARTURE FROM SUPERVISION.
§ 32. A prostitute desiring to retire from supervision must make personal declaration of such desire to the Commissariat and undergo an official medical examination. If she is found, at this examination, to be afflicted with a venereal disease, she is to be committed to a hospital and her declaration of departure is not to be noted until she has been dismissed from the hospital.
§ 33. A prostitute under supervision who evades supervision without a previous notification of her desire to be dropped from the list, is to be prosecuted at once, unless she is in a position to show that she has led a decent life since ceasing to comply with the supervision.
438§ 34. The Police Department must at once be notified of names dropped from supervision; the women’s control-sheets must accompany such notification.
§ 35. Any further surveillance that may be necessary after dropping a prostitute from the lists, must be conducted in accordance with the principles governing the supervision of prostitutes not under control.
VII. SURVEILLANCE OF PROSTITUTES NOT UNDER SUPERVISION.
§ 36. It is incumbent on the Police Commissariats, as well as directly on the Office for Morals Police Affairs, to determine what persons are carrying on prostitution in a commercial manner, without having declared their entrance under supervision.
§ 37. The Imperial Safety Guard, as well as such Imperial Police agents as are not specifically entrusted with surveillance over prostitution, may take steps against women practising prostitution, only when the facts have been established beyond any possibility of doubt, or when there are special reasons for interference, as, for example, § 516 of the Penal Code, § 1 of the Law of May 24, 1885, R. G. Bl. No. 89, or § 11 of the Imperial Ordinance of April 20, 1854, R. G. Bl. No. 96.
§ 38. Only such police officers as are specifically entrusted with the surveillance over prostitution may accost or detain persons merely on suspicion of their practising immorality as a trade, and then only after having repeatedly, in the course of observations held on a number of different days, gathered material of a nature to justify such action.
Other police officers, when merely suspecting the practice of commercial prostitution, will limit themselves to a report of their observations.
439§ 39. Special attention is to be paid to the lower class of saloons.
Every legal means must be used in prosecuting the owners of such places as may arouse suspicion by the employment therein of female persons for other tasks than those connected with the sale of liquor. In cases that are clear, the Labor Department must be informed of the facts. Owners of such places must be denied all concessions within the gift of the police, such as the license to keep open after the regular closing hour, or to provide musical entertainment. If they already hold such concessions, the latter are to be canceled.
§ 40. Persons practising prostitution commercially under the cloak of some regular calling are to be kept under the necessary surveillance.
§ 41. Investigation must be made of all complaints against persons suspected of procuring, or of practising prostitution commercially, as well as of all questionable advertisements in the daily press.
§ 42. In each case the investigation must be made with due regard for the reputation of the person suspected, and with a discretion that should be all the greater when the foundation for a penal case is weak.
VIII. TREATMENT OF COMPLAINTS.
§ 43. Complaints made as to any offensive conduct on the part of prostitutes in the streets or in certain houses must be carefully investigated, and measures must be taken for the abatement of such nuisances.
IX. PENALTIES.
(a) For prostitutes under supervision.
§ 44. The punishment of prostitutes under supervision, for violations of the Police Ordinances governing the surveillance 440over prostitution, is imposed by the Police Commissariats in accordance with § 5, item 2, of the Law of May 24, 1885, R. G. Bl. No. 89, and with Ministerial Ordinance of September 30, 1857, R. G. Bl. No. 198.
The penalty is detention for a period of from 6 hours to 8 days, depending on a very specific examination of the various circumstances constituting the offence.
§ 45. In the case of insignificant irregularities, particularly in the case of a first offence, prosecution may be omitted after the prostitute has been properly reprimanded.
§ 46. Legal proceedings in accordance with § 5, item 2, of the Law of May 24, 1885, R. G. Bl. No. 89, must not be instituted except when the offence provided for in that section is committed by a prostitute who has been punished several times by the police for a similar offence, in other words, when it is evident, both that the case is one of persistent disregard of police regulations, and that the severity of the penalty imposed by the police is not commensurate with the seriousness of the case. Under these circumstances the imposing of detention for more than eight days, or even commitment to a workhouse or house of correction, is permissible.
Whenever complaints are to be filed with the courts, the exact nature of the offence must be stated, and reasons must be advanced for asking the aid of the courts.
(b) For prostitutes not under supervision.
§ 47. Cases against prostitutes not under supervision may be tried either by the Police Commissariats or by the Police Department directly.
In connection with every trial, a résumé of the decisions made in each case must be drawn up.
§ 48. No punishment should be imposed on women accused for the first time of, or arrested for the first time for, 441commercial prostitution, especially when they are still young, even though the facts be beyond doubt, unless such punishment may be required, as a repressive measure, by the manifest depravity of the case.
In all cases in which it may seem not unreasonable to assume that the woman accused has been led into prostitution by circumstances of a temporary and accidental nature only, and that consequently her return to a respectable mode of life might be rendered more difficult by the stigma of a police penalty, no other action must be taken than the applying of such of the charitable provisions of § 5, as are applicable to the particular case.
Such charitable provisions must also be carried out, in the case of a prostitute not under supervision, when she is a minor, against whom a penal action has been instituted.
§ 49. No woman accused of the practice of commercial prostitution may be subjected to the official medical examination until the offence is finally proved.
§ 50. A prostitute found to be afflicted with a venereal disease at the official medical examination, must immediately be taken to the hospital. As a preliminary she must be informed of the rules provided for prostitutes under supervision, in §§ 23 and 24, which rules, under these circumstances, are applicable also to prostitutes not under supervision.
Punishments for infractions of these obligations are to be imposed in accordance with § 5, item 2, of the Law of May 24, 1885, R. G. Bl. No. 89, and in accordance with Ministerial Ordinance of September 30, 1857, R. G. Bl. No. 198.
§ 51. Penalties imposed by the police on persons convicted of the practice of commercial prostitution, must conform to § 5, section 1, or, in the case of persons previously punished for similar offences, to § 5, item 1, of the Law of 442May 24, 1885, R. G. Bl. No. 89, and to the Ministerial Ordinance of September 30, 1857, R. G. Bl. No. 198.
The provisions of § 46 or of § 44 determine whether proceedings are to be instituted, in accordance with § 5, item 1, of the above law, and also, what is to be the severity of the punishment; yet, in assigning a penalty, the principle must be borne in mind that a prostitute not under supervision is to be treated with greater severity than one who is under supervision.
§ 52. When the police impose a penalty on a prostitute not under supervision, the facts of the case, and, particularly, the amenability of the accused, must be so formulated as to leave no misunderstanding in the mind of the latter, as to the offence imputed to her.
X. JURISDICTION.
(a) Jurisdiction of the Police Department.
§ 53. The following business is within the jurisdiction of the Office for Morals Police Affairs:
1. The functions conferred on this office in its capacity as headquarters for the surveillance of the white slave traffic, in accordance with the edict of the Department of Police, dated August 12, 1905.
2. All records of general nature concerning prostitutes under supervision, concerning the houses mentioned in §§ 9 and 16, and the mistresses of such houses, concerning prostitutes not under supervision, concerning pimps, and concerning procuring.
3. The instituting of proceedings to determine whether minors, or prostitutes who ply their trade outside of their homes, are to be placed under supervision.
4. Orders to evacuate streets or houses inhabited by prostitutes.
5. Management of such prostitutes not under supervision 443as may be traced by the officers assigned to the office.
6. Complete control over such trials as may, by reason of their importance, be assigned to the office by the President.
7. Keeping on file the complaints lodged with the Police Department, as well as with the Police Commissariats, as to the behavior of the prostitutes.
8. Supervision of the Commissariats with the object of maintaining a uniform application of the prostitution regulations.
9. Inspection of the punishment and fine books kept by the Commissariats.
10. Examination of the appeals made against the judgments of the Commissariats.
11. Consultations at regular intervals with the officials assigned to report on prostitution.
12. Collecting of material having reference to the regulation of prostitution, and advancing of proposals thereon.
(b) Jurisdiction of the Police Commissariats.
§ 54. The application of the prostitution regulations, in all matters in which § 53 does not stipulate the exclusive jurisdiction of the Police Department, is incumbent on the Police Commissariats.
The Commissariats must keep records on the following matters:
1. Prostitutes, in their district, under supervision.
2. Dwellings of prostitutes under supervision, who practise prostitution in such dwellings.
3. Mistresses or keepers of such dwellings.
Furthermore, the Police Commissariats must transmit the following material to the Police Department:
444(a) Weekly reports of changes occurring in their own districts, in the number of prostitutes,
(b) Complaints as to the behavior of the prostitutes,
(c) Accusations of procuring,
(d) The documents provided for in § 47,
(e) After disposing of the cases, the reports of failure to appear for medical examination,
(f) The punishment-books (every month),
(g) The records taken in the inspections of brothels.
Finally, the Commissariats must report any changes in the number of houses mentioned in §§ 9 and 16, as well as in the mistresses of such houses, and they must also report all cases of failure to assign a prostitute to supervision in spite of the fact that the necessary preliminary condition provided in § 2 has been realized.
445
APPENDIX V DANISH LAW FOR RESISTING PUBLIC IMMORALITY AND VENEREAL INFECTION, CONFIRMED BY HIS MAJESTY KING FREDERICK VIII ON MARCH 30, 1906.
§ 1. Police supervision of commercial immorality is hereby abolished. Police action against persons practising such trade is legitimate when it accords with the conditions, and proceeds in the manner, provided in the legislation on vagrancy (Lovgivningen om Løsgængeri). Yet, the order mentioned in the Law of March 3, 1860, § 2, must not be given unless warning has been previously issued.
§ 2. Anyone who incites or entices to immorality, in such manner, or who displays an immoral mode of life, to such a degree, as to offend the sense of decency, or to become a public nuisance, or to disturb those living in the vicinity, shall be punished by imprisonment, or, under aggravating circumstances, or for a repetition of the offence, by commitment to the penitentiary. If there are extenuating circumstances, the punishment may be commuted to a fine.
The same punishment is provided for any woman who practises immorality as a trade, provided that a male person, or a minor over two years of age, lives in the same dwelling with her, or that she receives visits for immoral purposes from male persons under eighteen years of age.
Any person not previously warned or punished for one of the above offences, may, instead of being punished, be simply warned, by the Police Department; but no warning may be issued if the accused demands sentence by law.
446§ 3. The keeping of brothels is prohibited. Anyone violating this prohibition is punished by imprisonment in a house of correction or at hard labor, or by imprisonment on common prison diet. The same punishment is imposed on anyone guilty of procuring. Such persons as may, with the object of pecuniary profit, grant admission to their dwellings, to persons of different sex, in order that vicious practices may there take place, or such as let rooms, not for the purpose of prolonged habitation, but in order to provide an opportunity for immoral practices, or such as admit to their houses female persons under the age of eighteen, who are seeking gain by immoral practices, shall be punished by detention in prison or at hard labor. In the case of a repeated offence, the punishment may be increased to commission to a penitentiary for a period not exceeding two years.
It is forbidden to offer for sale, or to send out circulars concerning, or to exhibit a signboard concerning, any device calculated to prevent the consequences of cohabitation, to the general public, or to individuals not personally known to the seller, or to persons not distinctly specified. Violation of this prohibition is treated and punished in accordance with the rules governing violations of police regulations.
§ 4. The same punishment as that provided in § 181 of the General Civil Penal Code, shall be imposed on any person who, under the circumstances described in the paragraph cited, has carnal intercourse with the person to whom he or she is married, provided, that the latter has thereby contracted an infection, and makes a charge to that effect within one year after acquiring knowledge as to the contraction of the disease.
Anyone guilty of the offence described in § 181 of the General Civil Penal Code, or of the offence described above, must, when the other person, without having previously 447been informed of the danger of infection, becomes infected, not only indemnify the infected person for the expenses involved in the curative treatment, but must also pay damages to cover the sufferings and losses due to the disease.
§ 5. Persons afflicted with venereal diseases have the right, regardless of whether they are able or not able to defray the expenses of their cure, to demand treatment of such diseases at the public expense. Likewise, such persons are obliged to submit to such public treatment unless they can show that they have already engaged proper medical attention. If such persons are not situated in surroundings of a nature to furnish reasonable assurance that the disease will not be transmitted to other persons, unless such patients are removed, or, if the patients do not comply with orders given to prevent the infection of others, they may be committed to a hospital for treatment. When such steps become necessary, the district judges (in Copenhagen, the Director of Police) shall, with the approval of the Minister of Justices, issue the appropriate orders, and compliance with the obligation thus imposed may be forced by fines, imposed by the authorities cited, and, when such fines are of no avail, by arraignment by the police.
Those permanently in receipt of poor relief, who are found to be afflicted with venereal diseases, are to be committed to a hospital for treatment.
§ 6. Whenever, in the course of the treatment of a disease, or at the termination of such treatment, it is considered necessary, in view of the danger of infection, to keep the patient under constant supervision, he must be ordered by the physician, to present himself to the latter at certain fixed times, or, in lieu of such action, to furnish documentary evidence that another authorized physician has undertaken to treat him. Blanks to be used in issuing such 448orders may be obtained from the proper City or District Physician.
If the patient violates this order, or if the physician does not desire to treat him any longer, and if, on request to furnish evidence that his treatment has been undertaken by another physician, he neglects to do so, notification of this fact must be sent to the proper Public or Examining Physician, who will then order such patient to report at the Consultation Office, in accordance with the provisions of § 13 below.
§ 7. It is incumbent on every physician who examines or treats a patient for a venereal disease, to call the attention of the latter to the contagious character of the disease, and to the legal consequences of infecting other persons, or exposing them to infection, with the disease, and, particularly, to warn the patient against contracting marriage, while the danger of infection is still present. Blanks for issuing these admonitions may be obtained from the proper City or District Physician.
§ 8. In his weekly reports to the proper City or District Physician, every physician must distinctly state that he has carried out the provisions of the above paragraph, as well as indicate the number of persons to whom he has issued the orders described in § 6.
Violation of the provisions of §§ 6 and 7, and of the first section of this paragraph, shall be punished by fines not exceeding 200 kroner. Any one in these circumstances, who gives a wrong name, business, or address, to the physician treating him, shall be punished in accordance with § 155 of the Penal Code.
§ 9. An infant afflicted with syphilis may not be given to be nursed, to any woman except the mother of the child. Nor may any nurse who knows or thinks she is infected with this disease, accept the child of any other woman to 449nurse. Violations of these prohibitions shall be punished by imposing the penalty provided in § 181 of the General Civil Penal Code, which also provides that any one convicted of such offence, shall, if the disease be transmitted, not only be obliged to indemnify the person so infected, for the costs of treatment, but shall also have to pay damages for sufferings and losses due to the disease. The same liability for damages shall be incumbent on such person as hands over a child whom he knows or has reason to know to be infected with a venereal disease, to the care of other persons, or who puts out such child to nurse, without having previously informed the foster-parents, or the nurse, of the fact that the child is afflicted, or suspected of being afflicted, with syphilis, and of the danger of infection involved in relations of this nature with such child. To put out such child to nurse is forbidden under any circumstances that would expose other children to infection; violation of this prohibition is punished by applying the provisions of item 2 of the first section of this paragraph.
These provisions are applicable also to such public authorities as put out children to nurse, or assign them to the care of foster-parents.
A child is considered to be suspicious, from the standpoint of syphilis, even though no indications of the disease have put in their appearance, in case either of the parents has contracted syphilis within the past seven years, and three months have not yet elapsed since the birth of the child.
§ 10. Any one accused of one of the offences provided for in § 1, § 2, § 4, or § 9, item 2, or in § 181 of the General Civil Penal Code, may, by his express consent, be subjected, under the auspices of the police, to a medical examination. In case of a refusal to be examined, the court 450may deliver a verdict, provided the accusation be considered well-founded, ordering the examination to be made without the consent of the accused.
§ 11. The medical examinations provided in § 10 will be held at the place indicated by the police, by the proper City or District Physician, or by a special Examining Physician appointed for the purpose. Compulsory examinations must be conducted, unless this right is expressly waived by the person to be examined, by a physician of the same sex as the latter, provided such can be found in the town itself or within such distance from it as to cause no considerable delay, and provided such physician is willing to conduct examinations of this nature.—Physicians discharging such duties shall either receive an annual salary, to be fixed by the local administration and approved by the Minister of Justice, or, if no such salary shall have been so fixed and approved, they shall be paid for each examination, as follows: For examinations of individuals to be conducted at the same place and time, 4 kroner for the examination of the first such individual, and 1 krone for each individual examined immediately thereafter; in addition they may be reimbursed for any outlay made for their transportation. In towns, such payments are to be made from the town treasury; in the country, from the provincial appropriations fund; and on the Island of Bornholm, from the provincial fund available for both town and country. For drawing up a certificate to indicate whether or not the person examined has been found to be afflicted with a venereal disease, no special payment shall be made to the physician.
§ 12. Likewise, but at times other than those set for the above examinations, Public or Examining Physicians shall examine, and, if it be necessary and feasible, without commitment to a hospital, shall treat any person who applies 451to them or is referred to them because of venereal infection. No payment may be required or accepted from the patient for such services. Payment shall be made out of the public funds in accordance with the rules followed heretofore.
In Copenhagen there must always be on hand a sufficient number of examining physicians, who are assigned to a daily schedule of attendance at offices in various parts of the city, at times set by the Health Board.
§ 13. Whenever the Public or Examining Physician considers it necessary, in view of the danger of contagion, to order patients to report to him at times to be definitely set by the physician, the latter shall so order, making use of the blanks officially provided for the purpose.
Compliance with this order may be forced by the imposing of fines, by the District Judge (in Copenhagen, by the Director of Police), with the approval of the Minister of Justice, and, should this fail to produce the desired effect, by arraignment by the police.
§ 14. Those committed to a hospital for treatment of venereal diseases at the public expense, shall not leave the hospital until they are discharged by the hospital physician. Violation of this provision is punished by imprisonment on common prison diet for not more than twenty days, or by ordinary imprisonment for not more than one month.
§ 15. The police may prohibit hotel-keepers, inn-keepers, and saloon-keepers from granting shelter, in their establishments, to female persons who have been sentenced for violating § 2 of this law, or from employing such female persons to entertain or serve the guests in such establishments.
Violations of this prohibition shall be punished by fines not exceeding 100 kroner, imprisonment on common prison diet for not more than two months, or imprisonment at 452hard labor for not more than three months. If the offender has not been previously sentenced or warned for the same offence, a warning by the Police Department may take the place of a sentence. But no warning shall be issued if the accused demands sentence by law.
§ 16. In administering the provisions of this law for imprisonment or penitentiary commitment, the rules set by Chapter II of the General Civil Penal Code, as well as by the Provisional Law of April 1, 1905, shall be followed. Trials for violations treated in § 2, § 6, section 2, § 7, § 8, section 1, § 9, § 14, and § 15, shall be conducted as regular public police trials, but behind closed doors. Fines imposed as a result of these public trials, are added to the police fund; in Copenhagen, to the city treasury.
§ 17. By the term “venereal diseases,” as used in this law, are meant the diseases known to medical science as syphilis, gonorrhœa, and ulcus venereum.
§ 18. This law goes into effect six months after it has been printed in the Law Journal; but the enrolment of immoral women, which has been carried on heretofore in accordance with the Law of April 10, 1874, shall cease at once. Simultaneously §§ 180 and 182 of the Penal Code, and the Law of April 10, 1874, on Measures to Resist the Spread of Venereal Infection, the Law of March 1, 1895, on Changes and Additions in the above Law, the Law of April 11, 1901, on Additions to the two preceding laws, and the Laws of February 11, 1863, § 8, final item, and of February 4, 1874, § 2, section c, together with all rules, regulations, and orders based thereon, are hereby abolished, as such rules, regulations, and orders can no longer be enforced on the basis of the laws in operation before the going into effect of the Law of April 10, 1874.
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