Definition and Position of the Federal Public Prosecutor General
Die Federal Public Prosecutor General (also known as the Federal Public Prosecutor General at the Federal Court of Justice, abbreviated: BAW) is the supreme law enforcement authority of the Federal Republic of Germany within the sphere of the federation’s criminal justice. Its main tasks involve prosecuting especially serious crimes of national and international importance. Organizationally, the Federal Public Prosecutor General forms part of the so-called Federal Public Prosecutor’s Office at the Federal Court of Justice and is thus a central component of Germany’s law enforcement structure.
Legal Foundations
Constitutional Framework
The establishment of the Federal Public Prosecutor General is based on the Basic Law for the Federal Republic of Germany, specifically Article 96 paragraph 2 of the Basic Law, which provides for the creation of federal courts as well as the establishment of federal public prosecutor’s offices. Further provisions are stipulated in the Courts Constitution Act (GVG), especially in Sections 142 et seq. GVG.
Statutory Duties
The statutory tasks and responsibilities of the Federal Public Prosecutor General are primarily laid down in the Courts Constitution Act and the Code of Criminal Procedure (StPO). According to Section 142 GVG, the Federal Public Prosecutor General performs sovereign functions of criminal prosecution for the entire federal territory, particularly in cases of:
- State protection crimes (Sections 74a, 120 GVG)
- Combating terrorism (Section 129a StGB, Section 129b StGB)
- Criminal cases of significant foreign or security policy importance
Organizational Structure
Agency Structure
The Federal Public Prosecutor General is based in Karlsruhe. It is headed by the Federal Public Prosecutor General at the Federal Court of Justice , who is appointed by the Federal President on the proposal of the Federal Minister of Justice. The Federal Public Prosecutor General is supported by several federal prosecutors and senior prosecutors. The structure of the Federal Public Prosecutor General follows the classic hierarchy of a public prosecutor’s office with various departments, each covering specific types of offenses.
Supervisory Relationship
The Federal Public Prosecutor General is, from an organizational perspective, subordinate to the executive, specifically the Federal Ministry of Justice (Section 147 GVG). However, in its investigations and decisions, it is independent and subject only to the law.
Jurisdiction and Areas of Responsibility
Subject-Matter Jurisdiction
The subject-matter jurisdiction of the Federal Public Prosecutor General particularly applies to the following types of offenses:
- Crimes against internal and external security: This includes high treason and treason (Sections 81 et seq. StGB), endangering the democratic rule of law, espionage, and intelligence activities.
- Combating terrorism: The Federal Public Prosecutor General prosecutes organizations and individuals under Sections 129a, 129b StGB, including international terrorist associations.
- International Criminal Law: Crimes under the International Criminal Code (VStGB), particularly serious human rights violations and war crimes.
- Criminal offenses of particular national significance: For example, attacks on federal institutions or the diplomatic corps.
Role in Criminal Proceedings
The Federal Public Prosecutor General conducts investigations in the aforementioned areas and represents the prosecution during investigation and main proceedings before the Federal Court of Justice. It coordinates, where necessary, nationwide investigations and works closely with domestic and international law enforcement authorities and intelligence services.
Investigative Proceedings
In the investigation phase, the Federal Public Prosecutor General assumes a managerial role and exercises material supervision over the investigations conducted by the federal and state security and police authorities. It can order investigative measures, deploy investigators, and question witnesses.
Prosecution and Legal Representation
In the case of sufficient suspicion of an offense, the Federal Public Prosecutor General brings charges. In cases of state protection offenses, it acts as the prosecuting authority before the State Protection Senates of the Higher Regional Courts or the Federal Court of Justice.
Relationship with Other Authorities
Cooperation with State Prosecutors
In cases of nationwide significance, the Federal Public Prosecutor General coordinates cooperation with the prosecutors of the individual states. It may take over investigations if a case is classified as a state protection matter or as having overriding importance.
Cooperation with the Federal Criminal Police Office and Security Authorities
For practical investigative activities, the Federal Public Prosecutor General relies on cooperation with the Federal Criminal Police Office (BKA), the Federal Office for the Protection of the Constitution (BfV), the Military Counterintelligence Service (MAD), and other security agencies.
International Cooperation
The Federal Public Prosecutor General plays a leading role in the prosecution of transnational crimes and cooperates with international organizations such as Europol, Interpol, or the prosecuting authorities of other countries, as well as with international criminal courts (e.g., International Criminal Court).
Historical Development
Origin and Evolution
The Federal Public Prosecutor General was established in 1950 at the Federal Court of Justice as the successor to the previously existing Reich Public Prosecutor’s Office. Over the decades, its competences have been significantly expanded, particularly due to the rise of terrorism and international crime.
Notable Proceedings
Well-known investigations and proceedings conducted by the Federal Public Prosecutor General include, among others, the prosecution of the RAF (Red Army Faction) as well as international terrorism, espionage cases from the Cold War era, and current investigations in the context of Islamist terrorist organizations and international criminal law offenses.
Legal Oversight and Remedies
The work of the Federal Public Prosecutor General is subject to judicial review by the Federal Court of Justice and the competent Higher Regional Courts, especially in matters of indictment authorization, investigative measures, and judicial control over criminal procedural coercive measures. Legal remedies against decisions issued by the Federal Public Prosecutor General are governed by the general provisions of the Code of Criminal Procedure.
Significance and Special Features
The Federal Public Prosecutor General represents the central pillar of nationwide criminal prosecution in particularly sensitive and complex cases related to the public good or to international obligations of the Federal Republic. It ensures, at the highest level, the maintenance of internal and external security, the protection of the democratic and constitutional foundations, as well as the supervision and enforcement of international law principles in criminal proceedings.
Further Reading
* Courts Constitution Act (GVG)
* Code of Criminal Procedure (StPO)
* International Criminal Code (VStGB)
* Federal Ministry of Justice: Guide to the Work of the Federal Public Prosecutor General
Weblinks
* Federal Public Prosecutor General at the Federal Court of Justice
* Federal Ministry of Justice
Note: This article provides a comprehensive overview of the legal foundations, responsibilities, and structures of the Federal Public Prosecutor General within the German legal system.
Frequently Asked Questions
Who appoints the Federal Public Prosecutor General and how is their removal conducted?
The Federal Public Prosecutor General at the Federal Court of Justice is appointed pursuant to Article 96 paragraph 2 of the Basic Law in connection with Section 142 GVG by the Federal President on the proposal of the Federal Minister of Justice and with the consent of the Bundesrat. This central position underscores the importance of the office in the federal system of the Federal Republic of Germany. Removal likewise occurs by the Federal President at the request of the Federal Minister of Justice, but consent of the Bundesrat is not required. Thus, both appointment and removal fall within the purview of the political executive, with the involvement of the Bundesrat in the appointment process serving transparency and political accountability purposes. The Federal Public Prosecutor General enjoys special protection during their term of office against arbitrary removal, which may take place only for important reasons, such as serious misconduct or permanent incapacity.
What are the responsibilities of the Federal Public Prosecutor General in criminal proceedings?
The Federal Public Prosecutor General is responsible, in particular, for prosecuting certain serious criminal offenses of nationwide or special importance. Pursuant to Section 142a GVG and further special legislation, this includes crimes against the internal and external security of the federation (e.g., treason, espionage, terrorism, genocide), war crimes, and certain offenses endangering the state. In these categories, the Federal Public Prosecutor General assumes the role of the public prosecutor directly, i.e., it independently initiates investigation proceedings, brings charges before the State Protection Senate of the Higher Regional Court, and represents the prosecution in the trial. In individual cases, the Federal Public Prosecutor General can take over investigations from the state prosecutors on the instructions of the Federal Ministry of Justice (right of evocation), if an overriding national interest so requires.
What is the relationship between the Federal Public Prosecutor General and the state prosecutors?
The Federal Public Prosecutor General is an independent authority at the Federal Court of Justice and operates outside the hierarchy of the state prosecutors. However, it closely cooperates with them, especially in clarifying offenses which initially fall under state jurisdiction but later become matters of particular national importance or are associated with state protection crimes. In cases of competing jurisdiction, the Federal Public Prosecutor General may decide on a formal takeover procedure. It can also transfer investigations back to the state prosecutors where their continued conduct appears appropriate. Organizationally and substantively, the Federal Ministry of Justice has the authority to issue instructions to the Federal Public Prosecutor General, while the state prosecutors are subject to state-specific professional and supervisory regulations.
What role does the Federal Public Prosecutor General play in international legal assistance?
In matters relevant to international judicial proceedings—such as extraditions, requests for legal assistance, or the prosecution of international crimes (e.g., under the International Criminal Code)—the Federal Public Prosecutor General serves as the competent central prosecuting office for certain significant proceedings or in the context of supranational criminal justice (e.g., cooperation with the International Criminal Court). It acts as the central authority vis-à-vis foreign entities, international criminal courts, and supranational investigative and prosecutorial agencies. Its work is grounded in international treaties and agreements, particularly European legal assistance law and bilateral accords.
How is the Federal Public Prosecutor General structured in terms of personnel and organization?
The Federal Public Prosecutor General is an independent federal authority based directly at the Federal Court of Justice. It is headed by the Federal Public Prosecutor General, assisted by several federal prosecutors and senior prosecutors. The internal organization is divided into departments according to types of offenses (e.g., terrorism, espionage, international criminal law). Alongside legal staff (federal prosecutors, civil servants of the higher and elevated judicial service), there are also non-legal employees, as well as subject-matter experts for specific investigative areas. Working procedures are oriented towards the principles of adherence to instructions, record-keeping, and transparency of prosecutorial actions. The Federal Public Prosecutor General is subject to continuous professional and supervisory oversight by the Federal Ministry of Justice, which exercises steering and control functions.
In which cases may the Federal Ministry of Justice issue instructions to the Federal Public Prosecutor General?
The Federal Ministry of Justice may issue instructions to the Federal Public Prosecutor General in any ongoing proceedings. This authority to issue instructions covers both general and case-specific directives, such as initiating or terminating investigation proceedings, methods of investigation, the timing and manner of bringing charges, or the use of specific investigative methods. This obligation to follow instructions reflects the principle of legality and ensures parliamentary-democratic oversight of prosecutorial work in cases of particular significance. The limits of this power are set by the principle of the separation of powers and judicial independence, so the ministry may not intervene in judicial decisions. Instructions do not require a special form but are usually given and documented in writing.
What distinguishes the Federal Public Prosecutor General from other federal law enforcement agencies?
The Federal Public Prosecutor General is unique in that, unlike other German federal agencies, it is generally authorized to independently bring charges and conduct prosecutions; other federal agencies such as the Federal Criminal Police Office, the Customs Criminal Office, or the Federal Office for the Protection of the Constitution have investigative powers, but act mainly as investigative and intelligence services, not as prosecutorial authorities. Under the Basic Law and simple legislation, the Federal Public Prosecutor General is the only federal authority with original prosecutorial management powers in certain criminal matters. It may appear directly before the highest federal courts and thus represents federal interests in criminal procedure law.
