Definition and Legal Classification of Auxiliary Officers of the Public Prosecutor’s Office
Auxiliary officers of the Public Prosecutor’s Office are individuals in German criminal procedure law who are authorized and obligated to support the Public Prosecutor’s Office in prosecuting crimes and enforcing penalties. They perform essential tasks in the investigation process and act on behalf or by order of the Public Prosecutor’s Office. The legal basis for the work of auxiliary officers of the Public Prosecutor’s Office is found, in particular, in the Code of Criminal Procedure (StPO).
Legal Basis and Statutory Provisions
Regulations in the Code of Criminal Procedure (StPO)
The relevant provisions on auxiliary officers of the Public Prosecutor’s Office are found in § 152 GVG and especially in §§ 152 ff. StPO. According to § 152 GVG, police officers are considered auxiliary officers of the Public Prosecutor’s Office insofar as they are tasked with investigating crimes or with specific measures related to investigative proceedings. Their area of responsibility mainly involves supporting the clarification of criminal offenses and carrying out coercive measures, for example, searches, seizures, or provisional arrests.
Extension to Other Authorities and Bodies
In addition to officers of the general police service, members of other authorities—such as customs, tax investigation offices, or federal police—can also be appointed as auxiliary officers of the Public Prosecutor’s Office by special legal provisions. Specialized laws such as the Fiscal Code (AO) or the Act on the Customs Investigation Service set out additional responsibilities and powers for these officials.
Duties and Powers of Auxiliary Officers of the Public Prosecutor’s Office
Participation in the Investigation Process
Auxiliary officers of the Public Prosecutor’s Office conduct investigations on behalf of the Public Prosecutor’s Office. These include in particular:
- Crime scene work (securing and evaluating evidence)
- Interviewing witnesses, suspects, and informants
- Identification and securing of evidence
- Ordering and carrying out traffic safety measures
They are obliged to follow the instructions of the Public Prosecutor’s Office and must always coordinate their own-initiative actions with the Public Prosecutor’s Office, as far as the situation allows.
Execution of Coercive Measures
Auxiliary officers of the Public Prosecutor’s Office have extensive powers when applying coercion against participants in criminal proceedings. The most important measures include:
- Search of persons and premises (§§ 102-105 StPO)
- Seizure of objects (§§ 94-98 StPO)
- Provisional arrest (§ 127 para. 2 StPO)
- Blood sampling and physical examinations (§ 81a StPO, where permitted by law)
Particular importance is attached to emergency authority: Under certain circumstances, auxiliary officers of the Public Prosecutor’s Office may make their own decisions on such measures in urgent cases where there is imminent danger and the approval of the Public Prosecutor’s Office or a court cannot be obtained in time.
Documentation and Reporting Obligations
All measures and investigations carried out by auxiliary officers of the Public Prosecutor’s Office must be documented. They are required to report comprehensively to the Public Prosecutor’s Office and to hand over any obtained evidence without delay.
Distinction and Position in the Investigation Process
Relationship with the Public Prosecutor’s Office
The auxiliary officers of the Public Prosecutor’s Office are subject to the instructions of the Public Prosecutor’s Office. As a rule, they do not act independently but as an executing body. The Public Prosecutor’s Office decides on the scope and direction of the investigation and supervises its conduct.
Distinction from Independent Police Measures
While the police exercise their own powers when dealing with public safety threats or regulatory offenses, as auxiliary officers of the Public Prosecutor’s Office they act solely within the framework of criminal procedural investigations under the guidance and responsibility of the acting Public Prosecutor’s Office.
Legal Protection and Liability
Legal Protection for Those Affected
Persons affected by measures of auxiliary officers of the Public Prosecutor’s Office have legal remedies provided for in criminal procedure law, such as complaints against search or seizure orders. Unlawful measures can be reviewed in court proceedings.
Liability and Responsibility
Auxiliary officers of the Public Prosecutor’s Office are liable for culpable breaches of official duty according to the law of official liability. If an allegation is directed at a particular measure, liability primarily lies with the state, represented by the Public Prosecutor’s Office or the respective public body behind it (§ 839 BGB in conjunction with Art. 34 GG).
Significance for Criminal Prosecution Practice
Auxiliary officers of the Public Prosecutor’s Office are an indispensable part of criminal justice in Germany. They ensure the effective implementation of investigative measures and play a key role in guaranteeing swift and proper clarification of criminal offenses. Their powers and responsibilities form a vital link between police investigation and prosecutorial leadership of investigations.
Literature and Further Provisions
- Code of Criminal Procedure (StPO)
- Judiciary Act (GVG)
- Fiscal Code (AO)
- Customs Investigation Service Act (ZFdG)
Overall, the legal design of auxiliary officers of the Public Prosecutor’s Office underscores their central role in criminal procedure law and the necessity of close cooperation between police and the Public Prosecutor’s Office within the framework of criminal investigations.
Frequently Asked Questions
What powers do auxiliary officers of the Public Prosecutor’s Office have under the Code of Criminal Procedure (StPO)?
Auxiliary officers of the Public Prosecutor’s Office possess specific statutory powers under the Code of Criminal Procedure (StPO), as expressly set out in §§ 152 ff. as well as, in particular, in § 152 GVG (Judiciary Act) and § 163 StPO. Upon instruction of the Public Prosecutor’s Office, they are empowered to conduct investigations and independently carry out certain measures—such as searches (§ 102 ff. StPO), seizures (§ 98 StPO), identification procedures (§ 163b StPO), safekeeping (§ 94 StPO), and provisional arrests (§ 127 para. 2 StPO)—without prior judicial order, provided there is imminent danger. However, their actions are always subject to statutory requirements and to the principles of proportionality and prohibition of excess. The Public Prosecutor’s Office remains in charge of the investigation and can issue instructions to, or correct the actions of, the auxiliary officers at any time.
Are auxiliary officers of the Public Prosecutor’s Office subject to special instructions or supervision?
Auxiliary officers of the Public Prosecutor’s Office are subject to a dual instruction structure: On the one hand, they are integrated into the hierarchical organization of their employer—usually the police; on the other hand, within the criminal procedural context, they act solely by order or under the direction of the Public Prosecutor’s Office. According to the principle of legality (§ 152 para. 2 StPO), the Public Prosecutor’s Office is obliged to comprehensively clarify the facts and conduct the investigation appropriately; hence, the auxiliary officers must comply immediately and unconditionally with their instructions. Even after the completion of a measure, they are required to submit a report to the Public Prosecutor’s Office. Compliance with legality is ensured by judicial as well as internal police and prosecutorial controls.
Who can be an auxiliary officer of the Public Prosecutor’s Office and how is this status established?
According to § 152 GVG, auxiliary officers of the Public Prosecutor’s Office are usually police officers of the federation and the Länder, if they are designated to carry out criminal procedural measures. In addition, other public officials, such as customs or tax investigators, can also be appointed as auxiliary officers of the Public Prosecutor’s Office in certain cases. The status is generally granted by statutory provision, but may also be conferred by administrative order or appointment. The status as an auxiliary officer is functional and limited to specific tasks and investigative powers within a criminal procedure.
To what extent are auxiliary officers of the Public Prosecutor’s Office liable for their actions during investigations?
The liability of auxiliary officers of the Public Prosecutor’s Office is governed by general civil service and official liability principles. In the event of unlawful actions, they can be held liable under criminal as well as civil law (in particular pursuant to § 839 BGB in conjunction with Art. 34 GG). As a rule, however, the state is primarily liable for official acts, with the possibility of recourse against the officer in cases of intent or gross negligence. Furthermore, a violation of the provisions of the Code of Criminal Procedure may result in the court disregarding the evidence collected (exclusionary rule).
What are the differences between enforcement officers, police officers, and auxiliary officers of the Public Prosecutor’s Office?
While police officers generally carry out tasks of averting dangers and prosecuting crimes as their primary responsibilities and, in their daily service, act as enforcement officers, when given the special function as auxiliary officers of the Public Prosecutor’s Office they acquire a specific criminal procedural role. As auxiliary officers, they do not act independently but solely on behalf and under the supervision of the Public Prosecutor’s Office. Their measures within criminal proceedings serve the purpose of investigation and securing evidence under the rules of criminal procedure, whereas the general tasks of the police in the area of averting dangers are performed autonomously and independently of prosecutorial orders.
Are auxiliary officers of the Public Prosecutor’s Office allowed to order coercive measures independently?
Auxiliary officers of the Public Prosecutor’s Office are authorized to carry out certain coercive measures, provided the statutory requirements are met, particularly if there is imminent danger. In such cases, they may conduct certain actions such as searches, seizures, and provisional arrests without prior judicial or prosecutorial order. However, the provisions of the StPO strictly require that the measure taken must immediately be submitted to the Public Prosecutor’s Office or the court for subsequent decision. The independent ordering or execution of measures is therefore exceptional, not the rule, and subject to strict legal constraints.
How long does the function as an auxiliary officer of the Public Prosecutor’s Office last in individual cases?
The role as an auxiliary officer of the Public Prosecutor’s Office is always tied to specific criminal procedural investigations and generally applies only for the duration of the respective investigation or the measures to be taken therein. After the completion of the investigative measure, this special status ceases, although, due to their general office, police officers regularly—as per their involvement in case processing—may serve as auxiliary officers.
What are the legal consequences of an unlawful measure taken by an auxiliary officer of the Public Prosecutor’s Office during investigations?
Unlawful measures by auxiliary officers of the Public Prosecutor’s Office can have various consequences. In the criminal proceedings themselves, they may lead to the exclusion of evidence, meaning that unlawfully obtained evidence may not be considered. Additionally, subsequent judicial or prosecutorial review is required. Furthermore, official complaints, disciplinary proceedings, or—where individual rights are violated—claims for official liability against the state may be brought. In particularly serious cases, criminal prosecution of the responsible auxiliary officer is also possible (for example, for unlawful detention or causing bodily harm in office).
