Definition and Legal Classification of Investigation Officers of the Public Prosecutor’s Office
The term ‘investigation officers of the public prosecutor’s office’ refers, according to German criminal procedure law, to those police officers or members of other authorities who are permitted to carry out investigative measures and actions in criminal proceedings on the orders or under the direction of the public prosecutor’s office. This function is particularly relevant in the context of criminal prosecution, in case of imminent danger, as well as for independent decision-making authority in the early stages of the investigation proceedings.
The legal basis for the activities of investigation officers of the public prosecutor’s office can be found in the Code of Criminal Procedure (StPO) as well as in supplementary federal and state regulations. Investigation officers serve as a link between police investigative work and prosecutorial direction in criminal proceedings.
Legal Bases
Section 152 GVG and Sections 161, 163 StPO
The central legal basis for the status and powers of investigation officers is found in the Courts Constitution Act (GVG). In particular, Section 152 GVG provides that the public prosecutor’s office conducts investigations and may seek the assistance of investigation officers in this process. The duties and powers of investigation officers are further specified in Section 163 StPO, which obliges police officers to prosecute criminal offenses and allows them to act autonomously as long as and insofar as no prosecutorial direction takes place or imminent danger exists.
State Law Supplements
The determination of which officers may act as investigation officers of the public prosecutor’s office is made by the state governments by statutory order (Section 152 GVG). As a result, there may be differences between federal states regarding the status and responsibilities of these individuals. Typically, officers of the higher and upper police service are appointed as investigation officers.
Duties and Area of Activity
Support and Independent Action
The main task of investigation officers is to conduct investigations on behalf of or under the direction of the public prosecutor’s office. They are authorized to secure evidence, question suspects or witnesses, and initiate other procedural measures. In cases of imminent danger, they may also take certain measures independently without explicit orders from the public prosecutor’s office (e.g., searches and seizures, Sections 98, 105 StPO).
Independent Investigative Measures in Cases of Imminent Danger
In situations where waiting for prosecutorial authorization would jeopardize the purpose of the measure (imminent danger), investigation officers are authorized to implement necessary coercive measures themselves. However, they are obliged to inform the public prosecutor’s office without delay and to obtain its subsequent decision.
Distinction from Other Bodies
Police Officers, Assistants, and Other Authorities
Not all police officers are, by definition, investigation officers of the public prosecutor’s office. Only those officers designated by statutory order acquire this status. In addition to investigation officers, there are other officers and employees who act solely as assistants or supporters in administrative procedures without possessing specific procedural powers under criminal law.
Public Prosecutor’s Office and Judicial Bodies
The public prosecutor’s office is the ‘master of the investigation proceedings’ and directs these; investigation officers remain bound to its instructions, except in cases of imminent danger. Judicial bodies are responsible for ordering certain measures only at later stages of the proceedings (e.g., judicial search warrant).
Rights, Duties, and Binding Instructions
Rights
Investigation officers may take coercive measures, collect evidence, and conduct interrogations within the framework of legal requirements to fulfill their duties. They possess extended competences compared to other police officers but must act within the bounds of legal regulations.
Duties and Subordination to Instructions
Investigation officers are bound by the factual and legal instructions of the public prosecutor’s office. They are obliged to notify the public prosecutor’s office without delay as soon as they take measures on their own initiative in cases of imminent danger. Additionally, they must record and properly document all actions undertaken.
Legal Protection and Liability
Legal Protection
The actions of investigation officers are subject to judicial review. Affected individuals can challenge unlawful measures and have their legality reviewed by ordinary courts.
Official Liability
For damages arising from unlawful actions of investigation officers, the state is primarily liable under official liability law (Section 839 BGB in conjunction with Article 34 GG).
Significance in Criminal Proceedings
The role of investigation officers of the public prosecutor’s office is indispensable for effective and legally secure prosecution. They ensure the necessary flexibility and rapid response in investigations, especially in cases of imminent danger. Their work is an essential element of the interaction between police and public prosecutors and significantly contributes to swiftly and lawfully clarifying suspected offenses.
Literature and Source References
- Courts Constitution Act (GVG), especially Section 152
- Code of Criminal Procedure (StPO), especially Sections 161, 163, 98, 105
- BGHSt 1, 356 and subsequent case law
- State ordinances on the appointment of investigation officers of the public prosecutor’s office
- Löwe/Rosenberg, StPO Commentary
With this comprehensive presentation, the term ‘investigation officers of the public prosecutor’s office’ represents a central pillar in the investigation process of German criminal law and provides a differentiated analysis of all legal, organizational, and practical aspects of their activity.
Frequently Asked Questions
Who qualifies legally as an investigation officer of the public prosecutor’s office?
In a legal context, especially under Section 152 GVG (Courts Constitution Act) and Section 12 StPO (Code of Criminal Procedure), investigation officers of the public prosecutor’s office are typically police officers holding certain ranks or functions. Further details are regulated by state governments through statutory orders. In addition to police officers, members of customs or tax investigation services may also be appointed as investigation officers if they perform prosecutorial duties. However, this authority is contingent upon an explicit authorization to carry out procedural measures in criminal cases. Not every female or male police officer automatically qualifies as an investigation officer – the classification is determined by the relevant legal provisions, whose enactment and publication are regularly found in the respective state law gazettes.
What special rights and duties do investigation officers of the public prosecutor’s office have?
Investigation officers of the public prosecutor’s office occupy a prominent position in criminal proceedings. They are authorized and obliged to carry out procedural actions such as searches, seizures, and provisional arrests independently when imminent danger exists (Sections 105, 127, 98 StPO). Whether such a measure is admissible and whether the conditions for ‘imminent danger’ exist is subject to their own judgment. They must also prepare file notes and reports for the public prosecutor’s office and are under a reporting obligation. They are strictly bound by legal provisions and are liable both civilly and criminally for exceeding their powers. Investigation officers are subject to the ongoing professional supervision of the public prosecutor’s office and must always comply with its orders, unless illegality is evident.
In which cases may investigation officers act independently, and where are they bound by instructions from the public prosecutor’s office?
As a rule, investigation officers of the public prosecutor’s office carry out investigative measures on behalf and under the direction of the public prosecutor’s office (Section 161 StPO). Only in urgent cases (‘imminent danger’) may they independently take certain significant actions – such as searches or seizures. However, they must immediately inform the public prosecutor’s office and coordinate further measures. In all other cases, they act strictly in accordance with directions from the public prosecutor’s office and are obliged to request prior instruction or approval before undertaking criminal procedural interventions. Even in the context of independent measures, there remains an ongoing obligation to report to the public prosecutor’s office.
What typical procedural measures may only be carried out by investigation officers?
Some procedural powers are reserved exclusively for investigation officers of the public prosecutor’s office. This includes, in particular, the enforcement of traffic security measures, provisional arrest under Section 127(2) StPO, searches and seizures in cases of imminent danger, as well as participation in police interrogations insofar as they are relevant to the investigation. They may also independently order physical examinations, such as blood samples in cases of suspected traffic offenses, where there is imminent danger (Section 81a StPO). The competence for such measures is tied to the function as investigation officer and appropriate appointment.
Do powers and duties differ depending on the federal state?
Yes, the specific duties and powers of investigation officers of the public prosecutor’s office vary depending on the federal state. This follows from the respective state ordinance concerning the designation of investigation officers under Section 152 GVG. Some states assign this function to certain ranks (e.g., criminal inspector and above) or special organizational units (such as KDD, permanent criminal investigation service). The range of other professional groups who may be used as investigation officers (e.g., tax investigators, customs officers) may also be regulated differently depending on the state. It is therefore always advisable to consult the current state ordinance to determine the exact group of recipients and scope of authority.
What legal consequences does misconduct by investigation officers of the public prosecutor’s office have?
Investigation officers of the public prosecutor’s office can face criminal, disciplinary, and civil consequences for faulty or unlawful actions. For violations of individual rights through unauthorized investigative actions, official liability claims under Section 839 BGB in conjunction with Article 34 GG may arise. Furthermore, criminal penalties are possible, for instance, in cases of perversion of justice or false suspicion (Sections 339, 164 StGB). Disciplinary measures such as reprimands, pay cuts, or removal from service are also conceivable. The key factor is always whether the investigation officer has committed an objective breach of duty and to what extent subjective negligence or intent was present.
When does the function as an investigation officer of the public prosecutor’s office end?
The function as an investigation officer of the public prosecutor’s office generally ends with retirement from active service or when the relevant requirements for this status are no longer met (e.g., transfer to a non-relevant department or revocation of authorization by the authorities). Revocation or suspension may be possible in individual cases through disciplinary measures, for example, if there are doubts about professional or personal suitability. Assignment to other areas of responsibility that no longer involve investigative work also leads to loss of status as an investigation officer. Any restrictions or legal consequences of withdrawal depend on civil service or employment law provisions.
