Definition and Function of Police Officers
Police officers are public officials entrusted with exercising sovereign powers with respect to public security and law enforcement. They form part of the police enforcement service and, in Germany, carry out both preventive and repressive police tasks. The legal basis for their work is found in particular in the respective police laws of the federal and state governments, criminal procedure law, and service law regulations.
Legal Status of Police Officers
Status under Civil Service Law
In Germany, police officers are generally civil servants within the meaning of civil service law. They are in a public law service and loyalty relationship with a police authority, such as the federal government (e.g., Federal Police, Federal Criminal Police Office) or a federal state (state police). Their appointment and employment are based on statutory regulations, such as the Civil Servants Status Act (BeamtStG) and the state civil service laws.
Sovereign Powers
Police officers are authorized to intervene in fundamental rights in the exercise of their office. This includes, in particular, measures to prevent threats under police laws and measures for criminal prosecution as provided in the Code of Criminal Procedure (StPO). These powers include verifying identities, issuing dispersal orders, conducting searches, seizures, and—as a last resort—the use of direct force.
Powers of Intervention and Proportionality
For all police measures, the principle of proportionality must be observed. Interventions must be appropriate, necessary, and reasonable. The individual powers and their prerequisites are regulated in the respective state police laws, such as the Police and Regulatory Agencies Act (POG) or the Public Safety and Order Act (SOG), as well as in federal law.
Duties and Fields of Activity
Threat Prevention
In the field of preventative policing, police officers prevent and eliminate dangers to public safety and order. Typical tasks include patrols, traffic monitoring, escorting demonstrations, taking measures at major events, and protecting endangered persons or objects.
Law Enforcement
In the repressive area of responsibility, police officers act as investigative authorities for the public prosecutor’s office. They record complaints, conduct investigations, secure evidence, arrest suspects, and work closely with public prosecutors during investigations.
Administrative Law Additional Tasks
In certain cases, police officers are tasked with enforcing other public-law regulations, for example within the framework of administrative offences law (fines in road traffic or for public order violations).
Selection Process, Training, and Career Paths
Selection and Entry Requirements
Appointment as a police officer requires certain personal and medical prerequisites. These include German citizenship or citizenship of an EU member state, full legal capacity, personal reliability, and health suitability for police service.
Training and Career Tracks
Training, depending on the career group (intermediate, upper, or senior service), takes place at police academies of the states or federal government. It comprises theoretical as well as practical training phases and concludes with a career examination. The curriculum ranges from legal studies and operational tactics to communication and social competence.
Rights and Duties of Police Officers
Official Duties and Service Relationship
Key duties of police officers include the obligation to maintain confidentiality, impartial performance of official duties, loyalty to the constitution, and adherence to instructions. They are under the service and technical supervision of their superiors while on duty.
Restrictions and Protective Mechanisms
Police officers serve the public and often accept significant restrictions of their fundamental rights, such as freedom of expression or assembly. However, to safeguard their rights, they are subject to special statutory protection, for example in the event of a service-related accident or under specific protection provisions in the event of assaults (see § 113 StGB, resistance against law enforcement officers).
Liability and Accountability
Official Accountability
Police officers are responsible for the legality of their official actions. In the case of unlawful interventions, they are generally not personally liable; instead, the state bears liability (official liability in accordance with Art. 34 Basic Law in conjunction with § 839 BGB). However, recourse against the officer is possible in cases of intentional or grossly negligent breaches of duty.
Criminal and Disciplinary Accountability
In addition to civil liability, police officers are also subject to criminal and disciplinary accountability. Offences such as causing bodily harm in office (§ 340 StGB) or abuse of office may be relevant in cases of misconduct. Furthermore, disciplinary measures may be imposed, up to and including removal from service.
Specific Legal Issues and Special Regulations
Immunity and Right to Refuse Testimony
Police officers generally do not enjoy blanket immunity. However, in criminal proceedings, they may in certain cases make use of a right to refuse testimony, especially if official interests require it.
Federal and State Police: Delineation of Jurisdiction
In Germany, there are both federal police officers (Federal Police, Federal Criminal Police Office) and state police officers (state police). Their jurisdictions are regulated by the Basic Law. The Federal Police is mainly responsible for border protection, protection of rail and air traffic, and object protection at the federal level. The state police are responsible for threat prevention and law enforcement within the individual states.
References and Further Information
For an in-depth examination of the topic, it is particularly recommended to consult police law, civil service law, and criminal procedure law. Commentaries on the state and federal police laws, as well as relevant professional literature, provide further information on specific issues in the context of police enforcement powers and the legal status of police officers.
See also
- <a href="https://de.wikipedia.org/wiki/Polizei(Deutschland”>Police in Germany)
- <a href="https://de.wikipedia.org/wiki/Beamtenrecht(Deutschland”>Civil Service Law)
- <a href="https://de.wikipedia.org/wiki/GesetzüberdieöffentlicheSicherheitundOrdnung”>Public Safety and Order Act
- Code of Criminal Procedure (Germany))
Summary
Police officers are central bearers of the state’s immediate authority in Germany. Their legal status is comprehensively regulated and characterized by numerous special rights, obligations, and responsibilities. The complex interplay of civil servant status, powers of intervention, liability rules, and disciplinary responsibility makes police service one of the most legally demanding and highly regulated areas of public service.
Frequently Asked Questions
What legal requirements must be fulfilled to be appointed to the police enforcement service?
Comprehensive legal requirements apply for appointment to the police enforcement service, primarily governed by the relevant state civil service laws and the special police laws of the federal states. The fundamental requirement is German citizenship in accordance with Article 116 of the Basic Law or citizenship of an EU member state. Applicants must meet the civil service prerequisites stipulated in § 7 BeamtStG (Civil Servants Status Act), including personal suitability, physical fitness, and the necessary qualifications. Background checks for prior convictions or ongoing investigations are mandatory; relevant entries in the certificate of conduct regularly lead to exclusion. An aptitude selection process is also carried out, comprising written, oral, and physical tests. In addition, minimum (usually between 16 and 21 years, depending on the state) and maximum age limits (often up to mid-30s) apply. Applicants must not live in unregulated financial circumstances and should not have significant debt since they serve as role models.
What special rights do police officers have in exercising their official duties?
Police officers have a number of special rights (“powers”) in the exercise of their official duties, which distinguish them from private individuals. Key examples include establishing identities (§ 163b StPO, § 12 PolG depending on the state), the right to search persons and property (§§ 102-105 StPO), arrest without a judicial order (§ 127 StPO), and the use of direct force (§ 11 ff. UZwG). They are also authorized to issue dispersal orders, enter and search residences (§§ 102, 104 StPO; § 31 PolG). All these rights may be exercised solely within the scope of proportionality and with respect for fundamental rights.
What legal obligations are police officers required to observe?
Police officers are subject to various legal obligations. A central obligation is compliance with the law pursuant to Article 20(3) of the Basic Law (‘binding force of law and justice’). Other official duties include confidentiality (§ 37 BeamtStG), impartial conduct of office (§ 33 BeamtStG), the prohibition on accepting rewards and gifts (§ 42 BeamtStG), and a special duty for conscientious performance of duties. They are required to protect fundamental rights and uphold human dignity (§ 3 PolG). In the exercise of official duties, the proportionality of each measure must be observed.
How is the liability of police officers regulated in cases of breach of duty?
Liability for breaches of duty is regulated by civil service law and general tort law. The individual police officer is generally not liable; instead, the responsible body (employer) is liable under § 839 BGB in conjunction with Art. 34 of the Basic Law for damages resulting from unlawful actions in the exercise of official duty. The officer is personally liable only in cases of intent or gross negligence, particularly if the action occurs outside of their official duties or violates applicable law. In such cases, recourse may be taken against the officer (§ 48 BeamtStG).
Are police officers subject to special disciplinary law?
Like all civil servants, police officers are subject to special disciplinary law, mainly laid down in the Federal Disciplinary Act (BDG) or the respective state disciplinary acts. In cases of duty violations, disciplinary measures may be imposed, ranging from a warning to dismissal from service (§ 5 BDG). Disciplinary proceedings may be initiated by superiors given appropriate indications. The process is subject to special procedural rules, and the officer is entitled to be heard and may appeal the measures taken.
Are police officers allowed to exercise police powers off duty?
In principle, the same police law restrictions apply off duty. Police officers also hold so-called ‘citizens’ rights’ (such as the right of arrest under § 127(1) StPO) when off duty, but no additional powers. If they witness a crime, they may act as any private individual would but may be required to intervene as civil servants if irreversible harm is imminent. The exercise of sovereign powers outside duty is, however, strictly limited and must always comply with the principle of proportionality.
To what extent are police officers obligated to act when they become aware of a criminal offence or administrative offence in an official capacity?
Police officers are legally obligated to act when they become aware of crimes (§ 163 StPO), that is, they must investigate crimes (‘principle of legality’) and initiate appropriate measures. For administrative offences, the principle of opportunity applies, giving a certain margin of discretion. This obligation follows from the Police Tasks Act and the Code of Criminal Procedure and is limited by the principle of moderation in civil service law. Failure to act may have disciplinary and criminal consequences.
