Central Public Prosecutor’s Procedure Register
The Central Public Prosecutor’s Procedure Register (ZStV or also Public Prosecutor’s Procedure Register) is a nationwide database in Germany, maintained by all public prosecutor’s offices for the documentation and management of criminal investigations. It serves to store and exchange relevant information on criminal proceedings and is a central instrument for law enforcement agencies for effective prosecution and procedure coordination.
Legal Foundations of the Central Public Prosecutor’s Procedure Register
Statutory Foundations
The establishment, management, and use of the Central Public Prosecutor’s Procedure Register is based on legal provisions, in particular the Courts Constitution Act (GVG), the Code of Criminal Procedure (StPO), the Federal Data Protection Act (BDSG), as well as domain-specific regulations and directives of the federal states. The specific regulations regarding management and access can be found in § 492 ff. StPO and the corresponding administrative provisions.
Purpose and Objectives
The purpose of the register is to create a central overview of all ongoing, completed, and discontinued investigative proceedings nationwide. In particular, this helps to prevent multiple public prosecutor’s offices from investigating the same person or concerning the same matter in parallel or without coordination. Thus, the register ensures that findings from various proceedings can be consolidated.
Structure and Content of the Central Public Prosecutor’s Procedure Register
Data Collected
The following data are stored in the Central Public Prosecutor’s Procedure Register:
- Personal details of the persons concerned (suspects, accused),
- Reference numbers of the respective public prosecutor’s office,
- Alleged offense or legal classification of the offense,
- Stage of the proceedings (initiation of the proceedings, discontinuation, indictment, completion),
- Data of the involved authorities and courts,
- Decisions in the proceedings (e.g., penal orders, discontinuations pursuant to § 153 StPO, judgments).
Not all data is stored indefinitely; there are specific deletion and retention periods in line with data protection requirements.
Technical Organization
The procedure register is centrally managed by the Federal Office of Justice or a specially designated central judicial authority. Data entry and retrieval are conducted exclusively by authorized entities, primarily the public prosecutor’s offices, with due regard for technical and organizational security measures.
Functions and Significance in Prosecution
Procedure Coordination and Information Exchange
The central procedure register enables public prosecutor’s offices to quickly determine whether and where investigations have already been initiated or conducted against a person. This is important for coordinating parallel proceedings and preventing double prosecution (Ne bis in idem).
Support for Participants in Proceedings
In addition to the public prosecutor’s office, courts also benefit from central access to information relevant to proceedings. The register is particularly significant for the issuance of pre-trial detention, sentencing, and for recognizing multiple or repeat offenses.
Instrument for Rule of Law and Procedural Efficiency
The Central Public Prosecutor’s Procedure Register contributes to the observance of fundamental principles of the rule of law, for example by ensuring transparency and verifiability in the handling of criminal proceedings. It also enables efficient use of law enforcement resources and shortens processing times.
Data Protection and Rights of Data Subjects
Access Restrictions and Confidentiality
Access to the procedure register is strictly regulated. Only authorized employees of law enforcement and, where applicable, judicial authorities may access it within the scope of their legal responsibilities. Every data query and entry is logged.
Rights of Data Subjects
Persons listed in the register have the right, pursuant to data protection laws, to information about the data stored about them (§ 34 BDSG in conjunction with § 491 ff. StPO), as well as the right to correct or delete incorrect or unlawfully stored data. The storage periods depend on the status of the completed proceedings and statutory requirements.
Distinction from Other Criminal and Judicial Registers
Difference to the Federal Central Register and Educational Register
In contrast to the Federal Central Register (BZR), which stores legally binding criminal court decisions and certain administrative sanctions, the Central Public Prosecutor’s Procedure Register contains information on ongoing and discontinued investigations, regardless of whether a conviction or judicial ruling occurs.
Difference to Police Information Systems
Police information systems, such as the INPOL system, primarily serve police risk prevention and investigative activities. The central procedure register is an exclusively judicial register and is therefore subject to more specific legal and data protection regulations.
Significance for Criminal Procedure and Prosecution
The Central Public Prosecutor’s Procedure Register is an essential working tool for German law enforcement agencies. It ensures transparency, procedural security, more efficient use of resources, and helps protect the rights of parties to the proceedings. Not least, it also plays a key role in preventing legal violations by authorities and monitoring the conduct of proceedings.
See also
- Federal Central Register (BZR)
- Code of Criminal Procedure (Germany))
- Courts Constitution Act (Germany)
Literature and Sources
- German Bundestag: Printed Papers and Drafts on the Topic of Registers in the Judiciary.
- Federal Ministry of Justice: Information brochures on data protection and the management of law enforcement data.
- Directive on the Central Public Prosecutor’s Procedure Register of the federal states.
This legal lexicon comprehensively explains the Central Public Prosecutor’s Procedure Register and provides a detailed overview of its legal framework, organizational structure, and significance for criminal justice in Germany.
Frequently Asked Questions
Who has access to the Central Public Prosecutor’s Procedure Register and how is this regulated?
Access to the Central Public Prosecutor’s Procedure Register (ZStV) is strictly legally regulated and primarily limited to judicial authorities and certain authorized state offices. The relevant provisions of criminal procedure law and data protection regulations, especially those of the Code of Criminal Procedure (StPO) and the Federal Data Protection Act (BDSG), apply. Prosecutor’s offices, courts, and sometimes police or investigative authorities have access, as far as necessary for fulfilling their statutory duties. Other authorities or private individuals generally have no access unless a special statutory provision permits disclosure, such as for a certificate pursuant to § 41 BZRG. Data queries are subject to the principle of proportionality and must be documented. Regular checks are conducted to ensure access is lawful and to prevent abuse.
What types of data are recorded in the Central Public Prosecutor’s Procedure Register?
The ZStV primarily stores procedural data on criminal investigations and court proceedings, according to criminal police findings. This particularly includes information about the accused person’s identity (first and last name, date/place of birth, nationality), information on the type of offense (e.g., charge, legal classification), case numbers for the respective proceedings, names and case numbers of the responsible public prosecutor’s office or court, the status and outcome of proceedings (e.g., discontinuation, indictment, judgment, acquittal), as well as relevant procedural data such as the start and completion dates of the criminal procedure. The information recorded is limited to what is necessary for judicial handling. Sensitive personal data are subject to special protection.
How long are entries in the Central Public Prosecutor’s Procedure Register stored?
The retention period for data in the ZStV is determined by statutory requirements, particularly under the Code of Criminal Procedure and additional data protection regulations. As a rule, case-related data is stored for the duration of the respective proceedings and for a limited period thereafter, where legal provisions so stipulate—for example to prevent double prosecution or to monitor probation periods. Upon final conclusion of a case, a review is regularly conducted to determine whether deletion is permissible. Depending on the outcome (e.g. discontinuation, acquittal, conviction), different retention periods apply. For cases with convictions, longer retention periods may apply, since these may also be relevant for retrial proceedings.
Can a data subject request information about data stored in the register?
Yes, according to Article 15 GDPR and Section 57 BDSG, any data subject has the right to request information from the controller about whether and which personal data about them are stored in the ZStV. This information must include details of the recorded data, their origin, any recipients or categories of recipients, and the purpose of storage. However, the right to information may be restricted temporarily in certain cases—for example, if ongoing investigations could be compromised. As a rule, requests for information must be submitted in writing to the responsible public prosecutor’s office.
What options are there for correction or deletion of data?
Data subjects have the right to request correction, restriction, or deletion in the case of incorrect or unlawfully stored information. The relevant provisions are §§ 18 ff. BDSG and, if applicable, further criminal procedure regulations. Correction must take place in particular if data are demonstrably incorrect, incomplete, or no longer up to date. Deletion takes place especially after the statutory retention periods have expired or if storage is legally inadmissible. Requests for correction or deletion must be submitted to the leading public prosecutor’s office, which examines the matter and, if necessary, makes a correction. In case of dispute, the data subject can seek legal remedies (e.g., complaint to data protection supervisory authorities or judicial clarification).
What significance does the Central Public Prosecutor’s Procedure Register have for the administration of justice?
The ZStV is of central importance for the efficient organization and conduct of criminal prosecution in Germany. Its primary function is the coordination of information between federally organized judicial authorities by enabling the exchange regarding ongoing and completed proceedings against individuals. This prevents double prosecutions and allows for procedural arrangements or necessary consolidations to be implemented efficiently. The register also helps maintain transparency of procedure status, such as in the context of probation supervision or when reviewing grounds for reopening cases. For the administration of justice, the register is thus a central instrument for the rule of law, procedural security, and the protection of legitimate interests of participants in the proceedings.
Is there a legal basis for establishing and managing the Central Public Prosecutor’s Procedure Register?
The legal basis for establishing, managing, and using the ZStV is mainly found in the Code of Criminal Procedure (StPO), specifically § 492 StPO in conjunction with the relevant administrative regulations at federal and state levels. Additionally, the data protection requirements of the Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR) apply. The purpose of the register is to enable criminal investigations and proceedings to be traceable, efficient, and coordinated. At the same time, the regulations ensure a high level of protection for personal data and define clear requirements for data processing, information, correction, and deletion.