Federal Chair of BDK Issues Statement on Federal Constitutional Court's Ruling Regarding Sources-TKÜ and Online Searches
German Criminal Police Call for Modernization of Code of Criminal Procedure
The Association of German Criminal Police Officers (ADCP) has responded to a recent decision by the Federal Constitutional Court regarding the use of source telecommunications surveillance and online searches. The decision sets a clear limit for the use of these surveillance methods, but the ADCP believes it provides the necessary impetus for a comprehensive review and update of the catalogs of offenses listed in sections 100a, 100b, and 100g of the Code of Criminal Procedure (StPO).
Previously, source telecommunications surveillance was not used for pursuing minor offenses punishable by a maximum of three years imprisonment. However, the ADCP advocates for adapting the Code of Criminal Procedure to address modern, digitalized crime. They believe that source telecommunications surveillance is an indispensable tool in combating serious and grave crimes.
The court's decision confirms the fundamental constitutionality of source telecommunications surveillance. For offenses that violate fundamental personal rights and have high levels of victim protection, such as all forms of rape under section 177 of the German Criminal Code (StGB), all relevant covert investigative measures should be available.
The decision does not represent a fundamental departure from previous practice but rather a clarification and legal certainty for investigative authorities. The ADCP's stance is that legal certainty for all parties involved can be increased through this revision.
The court's ruling mandates the legislature to review and modernize the Code of Criminal Procedure. The ADCP calls on the parties CDU/CSU and SPD to take action on this matter to improve the work of law enforcement agencies. They propose a clear and practical revision of the catalog of powers to facilitate law enforcement work and increase legal certainty.
One area of concern for the ADCP is the inconsistency in the use of telephone surveillance measures under section 100a StPO for individual offenders, compared to the collection of traffic data under section 100g StPO, which is only permissible for multiple offenders. The ADCP urges politics to address this inconsistency.
The ADCP also calls for the collection of traffic data under section 100g StPO to be available for individual offenders as well. They believe that this would help in the investigation of various types of crimes, including those committed online.
The thresholds for the use of intrusive measures like source telecommunications surveillance must be reasonable and constitutional according to the court. The ADCP's appeal is for a comprehensive review and update of the catalogs of offenses listed in sections 100a, 100b, and 100g StPO in light of the Federal Constitutional Court's jurisprudence.
For further questions, the ADCP can be contacted at +49 30 246304510, [email protected], or through their website at https://www.bdk.de.
Read also:
- United States tariffs pose a threat to India, necessitating the recruitment of adept negotiators or strategists, similar to those who had influenced Trump's decisions.
- Weekly happenings in the German Federal Parliament (Bundestag)
- Southwest region's most popular posts, accompanied by an inquiry:
- Discussion between Putin and Trump in Alaska could potentially overshadow Ukraine's concerns
