Definition and Significance of the Police Situation
Die Police Situation is an essential concept in police and regulatory law as well as in the operational practice of the police. It describes the comprehensive compilation and assessment of all relevant information about a police situation at a specific point in time and serves as the basis for further measures, decisions, and operations. The police situation encompasses both factual and legal assessments and is particularly used in connection with hazard prevention, criminal prosecution, and the maintenance of public safety and order.
Legal Basis of the Police Situation
Anchoring in Police and Regulatory Law
German police and regulatory law does not contain an explicit legal definition of the police situation. The term arises from the duties of the police enshrined in the police laws of the federal states and the Federal Police Act. In particular, according to § 1 BPolG (Federal Police Act) and the corresponding provisions of the state police laws, the protection of public safety and order, hazard prevention, and the prosecution of criminal offenses are core tasks of the police.
Within the framework of these statutory duties, ongoing situation assessment and evaluation are required to ensure that police action is lawful, appropriate, and proportionate. The police situation therefore represents an interface between factual analysis of the situation and the legal derivation of measures.
Legal Relevance
The significance of the police situation is based primarily on constitutional requirements, e.g. Art. 20 para. 3 Basic Law (binding to law and justice) and the principle of proportionality (Art. 1 para. 3, Art. 2 para. 1 Basic Law). Police measures may only be taken on the basis of a sustainable situation assessment. An inadequate or erroneous assessment of the situation may lead to the illegality of police measures, especially if fundamental rights are affected as a result.
The situation assessment also forms the basis for selecting and designing police measures (see the principle of opportunity and discretion, cf. §§ 8, 9 VwVfG).
Components of the Police Situation
Factual Situation Assessment
The police situation consists of a summary of all current and foreseeable circumstances relevant to risk assessment. This factual determination includes:
- Local component: Spatial identification of the location of the situation
- Time component: Time and period of relevant events
- Factual component: Nature and extent of the threat or disruption; protected legal interests affected
- Personnel component: Parties involved, their conduct, and possible motives
All collected information is subject to ongoing evaluation. This also includes the analysis of findings from investigative and search activities as well as hazard forecasts.
Legal Classification
The legal assessment of the police situation is carried out on the basis of the empowerment provisions in the respective police law and on the basis of special legal regulations. The central question is whether there is a concrete threat, whether and which police measures may be taken, and how they should be justified.
The distinction is usually made between:
- Abstract danger: A situation in which, generally based on the circumstances, there is a probability that damage will occur.
- Concrete danger: A concrete danger exists when, in an individual case, there is sufficient probability that the damage will actually occur.
To be distinguished from this is the police suspected danger, where there are initial indications of a danger, but it has not yet been fully clarified.
Function of the Police Situation in Operational and Decision-Making Processes
Situation Assessment and Appraisal
Continuous determination and interpretation of the police situation is a prerequisite for appropriate and lawful operational planning. The goal is to minimize risks to public safety while respecting individual rights. The processing of the situation generally takes place through situation reports and bulletins, which are continuously updated throughout an operation.
Planning and Implementation of Police Measures
Internal police directives and operational concepts are always based on the current police situation. Depending on the situation assessment, the police may decide on various stages of intervention, for example conducting checks, imposing closures, ensuring police presence, or implementing risk prevention measures up to the use of coercive means in accordance with police law provisions (see §§ 62 ff. PolG NRW, § 9 BPolG).
Significance for the Proportionality Assessment
The police situation forms the essential starting point for reviewing the principle of proportionality. The choice of measures, time allocation, and means to be used must be guided by the severity of the recognised danger and the protected legal interest involved.
Distinctions and Related Terms
Police Situation vs. Threat Situation
Die police situation is broader than a pure threat situation. While the threat situation focuses on an imminent or existing danger, the police situation covers all police-relevant circumstances – including those that merely prepare or accompany a police operation, even if no immediate danger is present.
Police Situation and Operational Situation
In police terminology, the police situation is distinguished from the operational situation. The operational situation is a specific form of the police situation that relates to a particular police operation (for example, at major events, demonstrations, or incidents of damage).
Documentation and Communication
Situation Reports and Bulletins
Situation reports are written summaries of the current police situation for internal or external recipients. They serve the purposes of transparency, traceability, and follow-up of police operations as well as documentation for possible subsequent administrative or judicial review.
Bulletins provide continuous updates on new findings and changes to the situation and serve as the basis for police decision-making processes.
Significance for Rights to Information
The police situation is also relevant for third parties and administrative courts, for example in the context of judicial review of police actions or information disclosure procedures (freedom of information laws, file access).
Police Situation in Light of Case Law
When assessing the legality of police measures, courts regularly examine whether an adequate and accurate situation assessment was carried out. Absent or clearly incorrect situation assessments can lead to official liability claims and have a significant impact on criminal judgments or the admissibility of administrative actions.
Summary
Die police situation is a central element in police and regulatory law. It serves as a key basis for the selection, legitimacy, and design of police measures for hazard prevention and criminal prosecution. Situation assessment must be carried out continuously, be comprehensively documented, and forms the foundation for lawful and proportionate police action of all authorities. Precise knowledge and legal evaluation of the police situation is indispensable for every police activity and is subject to administrative and judicial review.
Frequently Asked Questions
When does a police situation arise from a legal perspective?
A police situation arises when, from a legal perspective, a situation exists that meets the requirements for police intervention under the relevant police laws of the federal states or the federal government. As a rule, a threat to public safety or order is required (§ 8 SOG, § 14 PolG NRW, § 1 para. 1 BPolG). The legal concept of danger is decisive: It is sufficient if, in the normal course of expected events, there is sufficient probability of harm to a protected police interest. A police situation exists especially when the facts of a case—due to their scope, significance, or complexity—require a differentiated assessment, coordinated measures, or, if necessary, special bundling of police resources. The emergence of a police situation is thus directly linked to the assessed legal hazard aspects and the resulting obligations for police action.
Who makes the legal assessment as to whether a police situation exists?
The decision as to whether a police situation exists in the legal sense is made by the competent police authority. This is regularly the responsibility of the decision-making and command levels (e.g. operation leader, command group), which assess the facts in light of the applicable law. The decisive factor is a legal hazard forecast based on due discretion (§ 40 VwVfG), supported by the facts and findings available. The assessment is usually documented—such as in operation logs or situation reports—and serves as the legal basis for further police action.
To what extent is the police situation relevant for coercive measures?
Recognition of a police situation has significant impact on the admissibility and design of coercive measures under police law. Where a police situation exists, the authority to take measures against disruptors or non-disruptors according to the principles of hazard prevention law generally exists (§ 6 PolG NRW, § 9 SOG SH). However, for a lawful interference with fundamental rights, a formally and materially lawful legal basis, a legitimate aim, and compliance with the principle of proportionality are still required. The police situation alone therefore does not justify measures, but establishes the framework within which further legal grounds may be applied.
What documentation obligations exist in connection with the police situation?
Police law requires documentation obligations to ensure the traceability of police action—especially in the case of far-reaching measures (§ 36 PolG NRW, § 37 OwiG). In the context of a police situation, this means that the decision as to the existence of such a situation, the main hazard assessments, and the measures taken must be documented in a legally secure and comprehensible manner. This includes both factual and chronological classification, description of the hazard situation, catalogues of measures, and ongoing situation assessment. This documentation is essential for later judicial review in the context of legal protection proceedings.
What role does the principle of opportunity play in connection with the police situation?
The principle of opportunity, in other words the discretion as to whether and which measures the police should take, gains particular importance when a police situation exists (§ 40 VwVfG, §§ 3 ff. PolG). Despite the existence of an appropriate situation, the police is not required to take every possible legal measure, but must limit its actions to what is strictly necessary. The selection and design of measures must be assessed by the principle of proportionality. Depending on the concrete development and assessment of the situation, the police’s scope of action may therefore change, requiring the legal situation assessment to be constantly updated.
What effects does the transition from a police situation to the so-called special organizational structure (BAO) have?
If the police situation changes—such as as a result of new legal findings or an escalation—into a major situation requiring the special organizational structure, this leads to expanded legal competencies and organizational duties. The BAO is legally understood as a special form of leadership structure and applies when the normal organization is no longer sufficient for complete hazard prevention. The BAO, especially under organizational and operational law, entails heightened requirements for documentation, coordination, and leadership. The legal responsibility for assessment of the situation and coordination of measures regularly falls to a specially established command unit in this case.
