Definition and meaning of ‘Nacheile’
The term Nacheile is a central concept in German police and criminal procedure law. It refers to the immediate pursuit of a person by officials or authorized third parties directly after the discovery of a criminal offense or the occurrence of a police emergency. Nacheile specifically authorizes measures that go beyond the usual scope of police or public security powers and primarily serves the effective pursuit and apprehension of offenders, often involving the temporary breach of territorial, subject-matter, or organizational jurisdictional boundaries.
Legal basis for Nacheile
Nacheile in police and public order law
The authority to perform Nacheile is stipulated in numerous police regulations at both federal and state level. One of the best-known provisions is found in § 163b of the German Code of Criminal Procedure (StPO) as well as in the state police laws. Nacheile is often equated with the so-called emergency competence which justifies police action when there is an immediate danger in delay.
State police laws
The individual federal states regulate Nacheile in their respective police acts. For example, the Police Act of North Rhine-Westphalia (PolG NRW) expressly provides for the possibility of crossing borders in the course of Nacheile in § 46 (2) PolG NRW. Similar provisions are found in the police acts of Bavaria, Baden-Württemberg, and other states.
Federal regulations
At the federal level, §§ 127 et seq. StPO in particular specify the prerequisites for detaining a suspect ‘in the act’ and allow for interventions in fundamental rights during immediate pursuit. Additionally, special laws such as the Federal Police Act (§ 41 BPolG) or the Customs Investigation Service Act may contain relevant special provisions on Nacheile.
Nacheile in international law and in the international context
Nacheile is of particular importance in the cross-border context. Crossing state borders during Nacheile is primarily justified by international agreements, such as Article 41 of the Schengen Implementation Convention (SDÜ). In certain cases, police forces may also enter the territory of a neighboring state in hot pursuit to take further measures within the scope of Nacheile.
Requirements for Nacheile
Temporal and substantive requirements
A key criterion of Nacheile is its ‘immediacy’: the pursuit must begin ‘in the act’ or shortly thereafter. A significant delay between the incident and the start of the pursuit is incompatible with the concept of Nacheile. There must be concrete evidence to establish reasonable suspicion.
“In the act” as a standard
The practical definition of ‘in the act’ is of considerable importance. This is the case when the offense has just been committed and its traces—which can be both factual and legal—are still clearly recognizable.
Persons authorized to conduct Nacheile
Primarily, police officers are authorized to perform Nacheile. In certain situations, the temporary exercise of emergency powers by enforcement customs officers, federal police officers, or even private individuals (under strict conditions, e.g., as per § 127 (1) StPO – citizen’s arrest) is also permitted.
Territorial and substantive scope of application
Nacheile can, especially in police emergencies, justify crossing jurisdictional borders—such as those of another state or country—provided that a continuous, immediate pursuit of a suspect is taking place.
Legal consequences and permissible measures within the scope of Nacheile
Permissible intervention measures
Within the scope of Nacheile, officials and, in some cases, authorized private individuals may take measures that would otherwise require a judicial order or special legal prerequisites. These include in particular deprivation of liberty (arrest), searches, and entering apartments, premises, or vehicles. However, these actions must always be limited to what is strictly necessary.
Limits and restrictions of Nacheile
Despite the expanded powers of intervention, all measures must be proportionate, suitable, necessary, and appropriate. Any interference with fundamental rights such as personal liberty (Art. 2 GG) and the inviolability of the home (Art. 13 GG) must withstand strict scrutiny.
Duration and termination of Nacheile
As soon as the conditions for Nacheile no longer apply, especially if the pursuit is interrupted or the whereabouts of the suspect become known, the emergency competence expires. From that point on, regular jurisdictional and procedural rules must again be observed.
Nacheile and cross-border cooperation
European legal framework
The SDÜ regulates Nacheile between Schengen Area member states and contains precise provisions regarding admissibility, legal conditions, and modalities of cooperation between police authorities. Nacheile here is subject to particularly restrictive prerequisites, such as immediate notification of the authorities of the other state and the obligation to terminate the pursuit at the request of local authorities.
Practical implications
In the European and international context, Nacheile is an important instrument to combat cross-border crime and aims to enable immediate and effective measures without the risk of escape due to jurisdictional limitations.
Distinction from related terms
Nacheile must be distinguished from night-time pursuit (§ 104 StPO), the danger in delay-principle, as well as citizen’s arrest (§ 127 StPO), each of which has its own legal specifics. While ‘danger in delay’ can justify immediate action without a judicial order in general, Nacheile always refers to the immediate, direct pursuit following a criminal offense.
Importance of Nacheile in police practice and criminal proceedings
In daily police work, Nacheile is an indispensable tool to ensure the effectiveness of criminal prosecution and prevent offenders from escaping. Its legal framework provides a balance between the interest in effective threat prevention and prosecution, and the protection of individual fundamental rights.
Note: The above information provides a comprehensive legal classification of the term ‘Nacheile’ and does not constitute legal advice.
Frequently asked questions
Who is authorized to take police measures in the context of Nacheile?
In a legal context, the authority to carry out police measures within the scope of Nacheile is generally restricted to specific groups of persons. In Germany, these are primarily law enforcement officers of the federal and state police services in accordance with the respective police laws and the Federal Police Act (§ 163b StPO, § 7 BPolG, § 127 StPO). In cases of cross-border Nacheile conducted in accordance with the Schengen acquis, under certain narrow circumstances, foreign security forces may act within the territory of the Federal Republic of Germany, provided that prior bilateral arrangements exist, such as under the Schengen Implementation Convention (SDÜ). Citizens or private individuals have limited authority to make provisional arrests (‘citizen’s rights’, § 127 para. 1 StPO); further powers of coercion are not granted to them. Thus, the exercise of classical police enforcement and coercive powers during Nacheile is subject to the fulfillment of public service and international law requirements.
What legal requirements must be met to initiate Nacheile?
Nacheile requires a so-called ‘fresh suspicion’ of an offense, typically in connection with a crime or administrative offense where the perpetrator attempts to evade police control or arrest by fleeing. The measure must be initiated without undue delay, meaning immediately, and without significant temporal gap. The legal basis for this is in particular § 127 StPO (German Code of Criminal Procedure), the police law of the respective federal state, as well as specific international regulations such as those under the Schengen Implementation Convention (Art. 41 SDÜ). The pursuit must be limited to measures related to clarifying the facts of the case and the provisional arrest; further investigative or search measures are generally not permissible within the scope of Nacheile, except in cases of danger in delay.
How far does the territorial authorization for measures within the scope of Nacheile extend?
The territorial authority for Nacheile within the national context generally extends to the entire federal territory. The issue of territorial scope arises particularly in cross-border Nacheile, as regulated in the Schengen Area. According to Art. 41 SDÜ, police officers from another Schengen state may enter the territory of a neighboring state under strict conditions for the purpose of Nacheile, must immediately inform the competent authorities, and may only take measures until these are taken over by the authorities of the state being pursued or for a maximum of four hours after crossing the border, and only within the scope of domestic powers. Measures outside these parameters are not legally covered and may result in civil or criminal liability.
What police measures may be applied within the scope of Nacheile?
Within the scope of Nacheile, permissible police measures are essentially limited to detaining and provisionally arresting the fleeing person. The enforcement of such measures may, if necessary, involve the use of immediate force, provided this is required to prevent a specific danger (§ 82 BPolG, § 10 ff. StPO, state police laws). Further measures such as searches, long-term seizure of items, or even covert investigative measures are regularly not permitted during Nacheile itself and require separate judicial or prosecutorial authorization, unless there is a case of danger in delay.
What duties and limitations apply to police officers conducting Nacheile?
Police officers are obliged to maintain proportionality when conducting Nacheile. All measures must be suitable, necessary, and appropriate to achieve the goal of provisional arrest. If the measures exceed what is legally permissible—such as through unlawful use of force or entering non-permitted areas—this may result in disciplinary, civil, or even criminal consequences for the officers concerned. In particular, during cross-border Nacheile, there are duties of notification and information to the authorities of the host state, documentation requirements, and the duty to exercise restraint at all times. When making an arrest, it must also be ensured that the rights of the person concerned (especially the right to be heard and prompt judicial review) are upheld.
When and how must Nacheile be ended?
Nacheile must be ended as soon as the purpose of the measure—usually the apprehension of the suspect—has been achieved or if it becomes apparent that there is no longer a prospect of success (for example, because the whereabouts of the fugitive can no longer be established). In cross-border Nacheile, the operation ends at the latest when the police of the state being pursued take over, or after the maximum period stipulated in international agreements expires. If it becomes clear that an arrest cannot be made using legally permitted means or that the fugitive is in an area where the legal requirements for an intervention are no longer met, Nacheile must be terminated immediately.
What legal peculiarities apply to cross-border Nacheile in the Schengen Area?
Cross-border Nacheile in the Schengen Area is subject to strict international and national requirements, particularly Art. 40, 41 SDÜ, as well as additional bilateral agreements. Police officers may only act within the framework of the powers previously agreed upon. Nacheile must be directly related to a criminal offense and may be carried out solely for the purpose of apprehension, not for further investigative measures. There is an obligation to inform the authorities of the host state and to cooperate with them. Violations of these rules may not only render the actions void, but also result in disciplinary and legal consequences for the officers involved.
