Definition and Functions of Notifications in Criminal Matters
Notifications in criminal matters (abbreviated as “MiStra”) refer in Germany to the legally regulated exchange of information between law enforcement agencies, courts, administrative authorities, and other public bodies in connection with facts and findings relevant to criminal law. The aim of notifications in criminal matters is the timely and systematic transmission of information regarding criminal proceedings or specific incidents to enable legal as well as administrative-organizational measures.
The regulations for this can be found in particular in the notification ordinances of the federal states, the criminal records system, file management, and specific legal provisions that structure communication between courts, public prosecutors, and administrative authorities.
Legal Basis of Notifications in Criminal Matters
General Notification Ordinance (MiStra)
The Notification Ordinance, often referred to as “MiStra”, is the central administrative regulation that creates uniform federal standards for notifications in criminal law matters. It is not a statutory provision, but an administrative regulation issued by the justice ministries of the federal states, and stipulates when, how, and to which entities notifications in criminal proceedings must be made.
Relevant Statutory Bases
- Code of Criminal Procedure (StPO): Contains numerous provisions regarding file management and notification obligations of the public prosecutor’s office and the courts, such as §§ 378-383 StPO.
- Federal Central Criminal Register Act (BZRG): Regulates the transmission of information for the criminal records system, particularly entries and information regarding prior convictions (§§ 4 et seq. BZRG).
- Laws concerning the Driving License System: Through MiStra, notifications are also regularly made to the driver’s license authorities (§ 3 section 2 StVG, § 28 FeV).
- Civil Service Law, Trade Law, Medical and Health Professions Laws: Specific notification obligations for members of regulated professions.
Areas of Application of Notifications in Criminal Matters
Criminal and Administrative Proceedings
Notifications in criminal matters pertain to main criminal proceedings, ancillary proceedings, and proceedings for administrative offenses. The obligation to notify can extend beyond the mere criminal proceedings and result in administrative measures (e.g., revocation of a driving license, professional law reviews, disciplinary measures).
Recipients of the Notifications
Recipients include, among others:
- Administrative authorities (e.g. driver licensing authorities, trade offices, immigration authorities)
- Professional representative bodies and supervisory authorities (e.g. chambers of physicians, chambers of crafts)
- Employers of public institutions
- Federal Central Register (Criminal Register)
- Professional Jurisdiction
Type of Data to be Notified
The following are particularly notified:
- Initiation, suspension, and completion of criminal investigations
- Convictions, acquittals, decisions on measures of rehabilitation and preventive detention
- Data on professional bans, driving bans, or revocations of licenses
- Findings relevant to the security interests of authorities
Procedure and Process of Notification
Form, Content, and Deadlines
Notifications are generally transmitted in writing, but can also be sent electronically if a secure transmission method is ensured (e.g., via the special electronic authority mailbox). The notification must clearly and comprehensively present the relevant facts and conform to forms or electronic standards that are prescribed uniformly nationwide.
The notification must be made without undue delay after the notifiable event has occurred. Delays may, under certain circumstances, result in disciplinary consequences for the responsible employees.
Data Protection and Confidentiality Obligations
Notifications in criminal matters are subject to strict data protection requirements. The transmission of personal data is only permitted if there is a legal basis and the interest in transmission outweighs the legitimate interest of the affected individuals. In general, affected persons must be informed of the notification, unless this would compromise the purpose of the measure.
Significance and Impact in Various Areas of Law
Impact on Driver’s License
A frequent consequence of notifications in criminal matters concerns driver’s license law. Criminal law decisions, such as those concerning driving under the influence, unauthorized leaving of the scene of an accident, or physical assaults on police officers in road traffic, are reported to the competent driver’s license authorities. These authorities may, pursuant to § 3 StVG in conjunction with §§ 28-29 FeV, revoke the driver’s license or impose further measures.
Professional Law Consequences
Notifications concerning relevant findings to professional institutions can result in professional law measures – such as disciplinary proceedings, revocation of a professional license, or exclusion from the professional association (see for example §§ 29 BZRG, § 74 GewO).
Impacts in Civil Service Law
For civil servants and comparable public-law employment relationships, notifications for disciplinary supervision purposes have special significance. Pursuant to § 49 section 2 of the Federal Civil Servants Act (BBG) and comparable state laws, the relevant personnel authorities must be informed of the initiation and outcome of criminal investigations.
Impacts in Immigration Law
Criminal law findings transmitted via notifications in criminal matters are significant for decisions in immigration law (e.g., residence permits, deportation, issuance of visas) and are regularly provided to the immigration authorities.
Legal Remedies and Rights of Affected Parties
Right to Information and Objection
Affected persons have the right to request information about notifications related to them (Art. 15 GDPR, § 57 BZRG). They can request the correction of inaccurate data and challenge unlawful transmissions through legal remedies (complaint, objection, lawsuit).
Deletion and Correction of Notifications
Incorrect or outdated notifications must be removed from the receiving records or corrected ex officio or upon request if the legal prerequisites for this are met (§§ 48 et seq. VwVfG in conjunction with special provisions).
Summary and Distinction
Notifications in criminal matters are a central instrument for the transmission of administrative and criminal law information between the judiciary, authorities, and professional organizations. They form the basis for a multitude of administrative, professional, and criminal follow-up measures. The legal bases and procedure are precisely regulated, with data protection requirements being strictly observed. Compliance with notification obligations is of significant legal importance for all involved authorities and bodies in order to ensure legal certainty and protect affected parties.
Frequently Asked Questions
Who is obliged to make notifications in criminal matters?
Notifications in criminal matters must be made, in particular, by authorities and courts if, in the course of their duties, they encounter facts relevant to criminal law. The obligation to notify arises from various legal bases, primarily from the criminal procedure codes, administrative regulations, and specific state laws on notifications in criminal matters. Section 138 StPO (Code of Criminal Procedure) primarily regulates the obligation to notify certain findings about planned or committed criminal offenses, especially if an official’s knowledge substantiates the suspicion of a crime. Provisions such as §§ 24 et seq. MiStra (Guidelines for Notifications in Criminal Matters), which apply as a nationwide administrative regulation, further specify the duties of the authorities concerned. The notification obligation applies not only to courts and public prosecutors but also to tax offices, employment agencies, municipal administrations, and in some cases even private bodies, as far as they are vested with sovereign powers or perform public functions. Violations of the obligation to notify can result in disciplinary or even criminal consequences.
What content must a notification in criminal matters contain?
A notification in criminal matters requires a particularly careful and structured presentation of all essential facts indicating a possible criminal act. According to the Guidelines for Notifications in Criminal Matters (MiStra) and supplementary state provisions, the notifications must include all facts relevant for prosecution. This includes, in particular, the exact designation of the matter, information about the persons involved (suspects, victims), relevant documents, writings, or pieces of evidence, as well as the time and place of the alleged criminal conduct and the circumstances through which knowledge was obtained. Additionally, there should be a legal assessment or at least an initial evaluation of which criminal offenses may have been realized. The documentation should be logically structured and clearly reasoned to allow the public prosecutor’s office to conduct an effective review and, if necessary, promptly initiate criminal prosecution.
How are notifications in criminal matters transmitted between authorities?
The transmission of notifications in criminal matters is typically done in writing, although secure electronic transmission methods (for example, via the Electronic Court and Administration Mailbox, EGVP, or by De-Mail) are increasingly being used nowadays. The legal bases and administrative guidelines usually require prompt and confidential transmission to secure evidence and prevent risk of tampering. For particularly sensitive matters, higher requirements regarding data protection and transmission security apply (e.g., encryption for digital notifications). Notifications are usually addressed to the competent public prosecutor’s office, which is responsible for the further progress of the proceedings. In exceptional cases—such as urgent situations—immediate notification of the police may also be permissible or required.
What legal protective regulations must be observed when making notifications in criminal matters?
In the context of notifications in criminal matters, the protection of personal data, in particular under the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG), and the respective state data protection provisions, must be ensured. The data may only be transmitted and processed for the purpose of criminal prosecution and must be adequately secured to prevent unauthorized access or disclosure. Additionally, professional secrecy obligations (§ 203 StGB) and special rules for certain professional groups (e.g., physicians, lawyers) must be considered. Furthermore, according to the general principle of proportionality, affected persons are entitled to the transmission of only such data and information as are strictly necessary.
What are the consequences of failing to make or making an incorrect notification in criminal matters?
Failure to make a required notification in criminal matters can have far-reaching legal and employment-related consequences for the authority in question or its employees. Such failure may constitute obstruction of justice in office (§ 258a StGB), which is punishable by imprisonment of up to five years or a fine. In addition, disciplinary measures such as reprimands, fines, or even removal from service may be imposed. An incorrect notification, for example due to incomplete, delayed, or improper transmission, can significantly complicate investigation efforts and cause delays or even make prosecution impossible. Affected parties may also have claims for damages in the event of a proven breach of official duty.
Are there exceptions to the notification obligation in criminal matters?
There are legally regulated exceptions to the notification obligation, particularly to protect privileged communications. For example, clergy, defense attorneys, notaries, or physicians are, under certain conditions, exempt from the notification obligation when they obtain information within the scope of their professional confidentiality (§§ 53, 53a StPO). In addition, the obligation to notify can be disregarded if prosecution would obviously be disproportionate, such as in the case of minor offenses or already statute-barred acts. Some federal states’ guidelines also specify certain thresholds below which notification is not required (for example, in cases of shoplifting with minimal value). In cases of doubt, however, the public prosecutor’s office should usually be informed to independently decide on further action.
What role does the public prosecutor’s office play in notifications in criminal matters?
The public prosecutor’s office is the central investigative and prosecutorial authority in criminal proceedings and the recipient of almost all official notifications in criminal matters. It examines incoming notifications for their criminal relevance, may initiate investigations, and decides whether to file charges, discontinue proceedings, or direct further investigation. The public prosecutor’s office also coordinates with other investigating authorities and is obligated to grant affected persons appropriate procedural rights. It ensures that notifications are processed correctly, confidentially, and promptly, and assumes responsibility for prosecution in the further course of proceedings.
