Concept and significance of the crime scene in law
Der Crime scene is a central concept in criminal law as well as in criminal procedure law. It refers to the location where a criminally relevant act (offense) has been committed or where ensuing consequences become apparent. The precise legal definition and determination of the crime scene are of substantial importance for numerous questions of prosecution, jurisdiction, investigations, and application of the law.
Legal foundations of the crime scene
Definition of the crime scene in criminal law
The concept of the crime scene is not explicitly defined by law in German criminal law but appears in various legal provisions, particularly in the Code of Criminal Procedure (StPO) and the Criminal Code (StGB). The determining factor is the interpretation of the crime scene as the place where the criminal act was performed (“place of action”) or where the result occurred (“place of result”). This distinction is established in Section 9 StGB (ubiquity principle), which is formulated for substantive criminal law as follows:
“A criminal offense is considered to have been committed at any place where the perpetrator acted or, in the case of omission, ought to have acted, or where the result constituting an element of the offense has occurred or was intended by the offender to occur.”
Place of action and place of result
Place of action
The place of action is the location where the perpetrator(s) actively carried out the criminal offense. Every part of the execution of the offense is sufficient, including preparatory and participatory acts, to constitute a crime scene.
Place of result
The place of result is the location where the legally relevant outcome occurs. This is particularly relevant for so-called result offenses (e.g., homicide, property damage). The place of result is independent of where the act was performed; only the actual occurrence of the criminally relevant result is decisive.
Ubiquity principle
The ubiquity principle under Section 9 StGB regulates that an offense can be committed in several places, covering both the place of action and the place of result. This gives rise to questions regarding jurisdiction and the international applicability of German criminal law.
Crime scene in criminal procedure law
Significance for investigative measures
The crime scene is the starting point for police and prosecutorial investigations (§§ 163 et seq. StPO). At the crime scene, evidence is secured, traces are documented, crime scene reports are prepared, and immediate measures for solving the crime are taken.
Crime scene and venue
Local venue
According to Section 7 (1) StPO, the court in whose district the offense was committed has local jurisdiction for a criminal case. This is the so-called “crime scene venue.” If the place of action and place of result fall within different districts, there is a concurrence of jurisdiction. Selection then follows procedural provisions.
Concurrence of multiple crime scenes
If a factual situation involves several possible crime scenes within the meaning of the ubiquity principle, the criminal proceedings may be initiated in the court of any affected district. Parallel investigations are possible, but are organized through allocation (consolidation, § 4 StPO).
Crime scene in international and European criminal law
Cross-border offenses
In the case of cross-border crimes, the concept of the crime scene takes on special significance, as it forms the basis for the application of national criminal law. According to Sections 3 and 9 StGB, German criminal law applies if either the place of action or the place of result is located in Germany. International legal assistance procedures and the jurisdiction of prosecuting authorities are also tied to this.
Principles in the European context
As part of European cooperation, jurisdiction in cases with multiple crime scenes is governed by overriding agreements, particularly the European Arrest Warrant and the principle of “ne bis in idem” (no double jeopardy).
Crime scene in police and forensic practice
Securing and documentation
Proper securing and professional documentation of the crime scene are essential steps in any prosecution. Work at the crime scene is performed in accordance with the requirements of the Code of Criminal Procedure and includes measures such as cordoning off, securing traces, collecting digital data, and interviewing witnesses on site.
Significance as a source of evidence
The crime scene provides direct traces and clues which can later be used as real and personal evidence in court. Changes or mistakes in securing the crime scene can significantly complicate the presentation of evidence in the proceedings.
Case law and interpretation
The precise classification of the crime scene is frequently the subject of case law. Key criteria include immediate proximity to the offense, the inclusion of preceding acts (e.g., in online crimes), and the ascertainability of the place of action and place of result in specific case constellations.
Significance for victim protection and private prosecution
The crime scene is also of legal relevance for victims of offenses, as the jurisdiction of counseling centers, courts, and private prosecuting attorneys may depend on it.
Summary and significance in the legal system
The crime scene is a fundamental legal institution in substantive criminal law and criminal procedure law. It is the reference point for criminal liability, the subject-matter and local jurisdiction of courts, the conduct of investigations, international cooperation, and numerous procedural actions. An exact determination of the crime scene is essential for due process and for safeguarding the rights of all parties involved.
Frequently Asked Questions
What legal powers does the police have at a crime scene?
At the crime scene, the police have extensive powers to secure evidence, collect proof, and avert dangers. In principle, the police are authorized to cordon off the crime scene and prevent unauthorized access to avoid impairment of possible evidence (§ 163 StPO, § 164 StPO). Police officers may question persons at the crime scene, verify identities, and, if there is initial suspicion, detain individuals temporarily. They may search residential or business premises if necessary for solving the crime; for further measures such as the search of entire properties, the order of an investigating judge is generally required (§ 102 et seq. StPO), unless imminent danger is present. The police may also secure and document traces, objects, and pieces of evidence at the crime scene, regularly cooperating with the public prosecutor’s office, which directs the investigation and defines the legal framework.
Under what conditions may emergency personnel enter or search the crime scene?
Emergency personnel may enter and search the crime scene if there are facts relevant to criminal law and if there is suspicion of a criminal offense (§ 163b, § 103, § 105 StPO). For publicly accessible places, such as streets or parks, this is generally possible without a judicial warrant. However, if private premises are involved, a judicial search warrant is generally required, unless there is imminent danger (§ 104 StPO), for example, if traces might be lost or evidence could be destroyed. In such cases, the competent officers may enter and search the premises immediately, but the measure must subsequently be confirmed by a judge.
What rights do suspects and witnesses have at the crime scene regarding their presence and statements?
At the crime scene, suspects are not obliged to make any statements and have the right to remain silent (§ 136 StPO). They have the right to be informed of their rights, in particular their right to remain silent and the right to consult a defense attorney. Witnesses are generally required to provide information about their identity (§ 163b StPO), but are not obliged to make statements about facts that would incriminate themselves or relatives (§ 55 StPO). Both groups may remain at the crime scene in principle, unless police measures for securing evidence or averting danger require their removal.
How is the crime scene legally protected against changes or interference?
To ensure the integrity of the crime scene, German criminal procedure law provides for various protective measures. The police can cordon off the crime scene, impose entry bans, and enforce security of the area. Unauthorized changes at the crime scene can constitute obstruction of justice (§ 258 StGB), acts of concealment, or suppression of evidence (§ 274 StGB). Moreover, measures that alter the crime scene, such as removing, changing, or destroying traces, can lead to exclusion of evidence both for private individuals and emergency personnel if not legally justified or done without good reason.
When is the involvement of a judge or prosecutor required at the crime scene?
Involvement of a judge is required when measures must be taken at the crime scene for which the law provides for judicial authorization, for example, in searches of dwellings (§ 105 StPO) or post-mortem examinations (§ 87 StPO), unless these are carried out to avert danger or due to imminent danger. The public prosecution office is the lead authority in investigations and can make decisions at the crime scene that go beyond police authority. The police are obliged to inform the prosecution immediately in significant matters so that it can exercise its supervisory function and participate in decisions regarding the further progress of the investigation.
What duties do third parties (witnesses, owners, residents) have during investigative measures at the crime scene?
Third parties, such as witnesses, owners, or residents, are generally obliged to tolerate investigative measures necessary for clarifying criminal offenses at the crime scene. They must allow access to the crime scene and may not obstruct official measures. Furthermore, they are required to cooperate in establishing their identity, but not with regard to substantive statements about the offense if this would incriminate themselves or relatives (§ 55 StPO). Violations, such as refusing lawful access without justification, can be sanctioned by direct force (§ 70 StPO) or fines. Owners and residents are, however, entitled to restoration of the original condition and possibly to compensation if property damage is caused through investigative measures.
