Federal Chairman of BDK announces statement on Federal Constitutional Court's ruling concerning TKÜ sources and online searches
German Criminal Police Association Advocates for Modernization of Criminal Procedure Code
The German Criminal Police Association has called for a clear and practical revision of the catalog of powers in the Code of Criminal Procedure (StPO), aiming to adapt to modern, digitized crime. This call comes in response to the Federal Constitutional Court's recent decision on the use of source telecommunications surveillance (§ 100a StPO) and online searches (§ 100b StPO).
The court's ruling provides a clear mandate for the legislature to review and modernize the Code of Criminal Procedure. The decision emphasizes the availability of all relevant covert investigative measures for offenses that violate highly personal rights and are associated with a high level of protection for the victims, such as all forms of rape under § 177 StGB.
The current installation of telephone surveillance measures under § 100a StPO is possible for individual offenders, while the collection of traffic data under § 100g StPO is only permissible for multiple offenders. The German Criminal Police Association is urging the legislature to review and redraft the catalogs of offenses listed in § 100a, § 100b, and § 100g StPO in light of the Federal Constitutional Court's jurisprudence.
The association believes that a clear and practical revision of the catalog of powers would ultimately facilitate the work of law enforcement agencies and increase legal certainty for all parties involved. They also call for the thresholds for covert investigative measures to be comprehensible and constitutional, in line with the Federal Constitutional Court's jurisprudence.
The court's decision does not represent a fundamental departure from previous practice, but rather a clarification and legal certainty for investigative authorities. Source telecommunications surveillance has not been used in police practice, to the association's knowledge, to pursue petty offenses punishable by a maximum of three years imprisonment.
The decision of the Federal Constitutional Court preserves source telecommunications surveillance as an indispensable tool for combating serious and particularly serious crime. However, the specific individual or body initiating the revision of §§ 100a, 100b, and 100g StPO is not named in the search results. The initiative generally comes from the legislature aiming to ensure conformity with constitutional decisions and to modernize the law.
For further questions, the German Criminal Police Association can be reached at: Telephone: +49 30 246304510, E-Mail: [email protected], and website: https://www.bdk.de. The court's decision draws a clear line, confirming the German Criminal Police Association's previous approach.
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