Definition and Legal Classification of Police Supervision
Die Police Supervision is a central concept of German regulatory law and refers to the statutory monitoring and control of individuals by the police whose behavior is expected to pose a threat to public safety and order. The legal foundations of police supervision are found mainly in the police laws of the federal states, but also in federal regulations, such as the Criminal Code (StGB) and the Code of Criminal Procedure (StPO). Police supervision plays a significant role in preventive hazard prevention law and, along with specific police orders and police directives, is among the most important instruments for ensuring state security.
Legal Foundations of Police Supervision
Police Laws of the Federal States
The specific regulations governing police supervision arise primarily from the police laws of the individual federal states. These laws set out the conditions under which the competent authorities may order certain supervisory measures against individuals who pose a threat to public safety. The aim is to prevent crimes or administrative offenses.
Foundations in Federal Law
The Criminal Code (§ 68 et seq. StGB) already provides, in certain cases, for the ordering of so-called supervisory oversight, which may apply as a special form of police supervision after the completion of a penal sentence. Supervision is to be ordered by a public prosecutor or court and is implemented and monitored by specialized supervisory offices.
Forms and Structure of Police Supervision
General Police Supervision
General police supervision encompasses all measures serving hazard prevention and monitoring. For example, through general police supervision, the whereabouts and lifestyle of potentially dangerous individuals are monitored to ensure preventive protection of the public.
Special Police Supervision
Special police supervision is regularly established by an explicit official order based on statutory law. It targets individuals who have been classified as particularly dangerous to public safety due to certain offenses or on the basis of specific facts. The order is usually for a limited period and is subject to special statutory requirements.
Supervisory Oversight and Other Special Forms
Supervisory Oversight under the Criminal Code
The supervisory oversight regulated in §§ 68 et seq. StGB is a special form of police supervision that can regularly be ordered after serving long-term prison sentences or preventive detention, especially in the area of serious and sexual offenses. The specifics of supervisory oversight are laid out by a variety of restrictive measures, such as reporting requirements, restrictions on residence, or the prohibition of certain contacts. Compliance is monitored by the police and often also by judicial probation officers.
Police Supervision in Residence Law
The Residence Act and other federal regulations also provide for police supervision measures with respect to foreigners who are required to leave the country or who are considered dangerous. This can include obligations to remain at specific locations (such as in reception facilities) or to make regular reports to police stations.
Requirements and Procedure for Ordering Police Supervision
Requirements
Ordering police supervision generally requires that, based on certain facts, there is or is expected to be a specific danger to important legal interests (in particular, life, health, liberty, or property). In addition, the measure must be proportionate, meaning it must be suitable, necessary, and appropriate in relation to the intended purpose.
Procedure
The individual concerned is usually informed in writing about the order of police supervision. In addition, there is generally a right to be heard and the possibility of review by the courts (legal remedies, particularly administrative court proceedings).
Typical Measures within the Framework of Police Supervision
Police supervisory measures are varied and can be ordered individually or in combination. These include, among others:
- Reporting requirements at a police station or authority
- Restrictions on or bans from certain areas
- Contact bans with certain individuals or groups
- Obligation to take up residence at a particular location or not to leave it
- Prohibition from engaging in certain activities
- Electronic monitoring of residence (‘electronic ankle bracelet’), as provided by law
Each measure is subject to the principle of proportionality and the duty to best safeguard the fundamental rights of those affected.
Legal Protection and Oversight
Legal Remedies
Affected individuals can take legal action against orders of police supervision. As a rule, the administrative courts have jurisdiction over these matters. Individuals concerned may apply for review of police measures by means of objection or legal action. In the area of supervisory oversight, specialized judicial bodies such as enforcement chambers may also be involved.
Control and Monitoring of the Measure
Compliance with the imposed measures is regularly monitored by the police. Violations of requirements or prohibitions often constitute a criminal or administrative offense and may result in additional criminal or administrative law consequences.
Significance of Police Supervision in Security Law
Police supervision constitutes a key means of preventive hazard prevention and crime control. Due to its special requirements and the involvement of judicial oversight, it is at the same time an instrument with a high intensity of interference with individual freedoms, which requires that a careful balance is always struck between protecting public safety and safeguarding fundamental rights.
Literature and Further Regulations
- Police Laws of the Federal States
- §§ 68 et seq. Criminal Code (StGB)
- Code of Criminal Procedure (StPO)
- Residence Act (AufenthG)
Summary
Police supervision is a central instrument of prevention and hazard prevention in German security law. Its legal foundations and forms are diverse and range from reporting requirements to restrictions on residence and special surveillance measures. The order is subject to strict statutory requirements and judicial oversight to ensure an appropriate balance between the safety interests of the public and the rights of the persons affected.
Frequently Asked Questions
What are the legal foundations of police supervision in Germany?
The legal foundations of police supervision in Germany are based primarily on the respective state police laws as well as supplementary federal regulations such as the Federal Police Act. Police supervision refers to the ongoing, preventive police control and surveillance by the police to prevent threats to public safety and order. The structure of police supervision is primarily shaped by the principle of proportionality, the principle of legality, and by fundamental rights, namely Art. 2 Basic Law (general freedom of action), Art. 13 Basic Law (inviolability of the home), and Art. 10 Basic Law (secrecy of correspondence, post, and telecommunications). Separate provisions can be found, for example, in § 21 Police Act of North Rhine-Westphalia, describing police observation and control. It is essential that police supervisory measures always require a statutory authority and are subject to strict legal prerequisites as well as judicial review mechanisms.
In which cases may the police act within the scope of police supervision?
The police act within the framework of police supervision whenever there is a discernible threat to public safety or order or when, for preventive reasons, a threat appears likely, for example, through regular monitoring of certain locations or patrolling. The relevant law here is hazard prevention law. The police have the right and duty, even without a specific occasion, but while observing proportionality, to observe situations relevant to danger and to plan interventions to prevent crimes or administrative offenses. Typical cases include preventive surveillance at large events, monitoring restaurants, or supervising so-called police hotspots. As soon as actual indications of a specific danger are identified as a result of observation, the powers shift from police supervision to specific measures for hazard prevention.
What requirements must measures of police supervision meet with regard to interference with fundamental rights?
Measures of police supervision regularly constitute interventions in fundamental rights, in particular the right to informational self-determination, freedom of movement, or the inviolability of the home. Therefore, they must be particularly measured against the principle of proportionality (§ 15 Sec. 1 Police Act NRW and equivalent provisions in other states). This means that each measure must be suitable, necessary, and appropriate to achieve its intended aim and that milder means must be preferred. Furthermore, the specific form of the measure is determined by the citation requirement of Art. 19 Sec. 1 Sentence 2 Basic Law as well as by transparency and traceability. In the case of intensive interference with fundamental rights, such as technical surveillance measures or long-term observations, the law regularly requires a judicial order or subsequent judicial review.
What legal remedies are available against measures of police supervision?
Various legal remedies are available to those affected by measures of police supervision. Initially, under § 80 of the Code of Administrative Court Procedure (VwGO), interim legal protection can be sought, such as an urgent application for the suspensive effect of an objection or action. Furthermore, the administrative court process is open for review of the measure in main proceedings. In cases of particularly severe interference with fundamental rights, for example, through technical surveillance, direct recourse to the Federal Constitutional Court pursuant to Art. 93 Sec. 1 No. 4a Basic Law may be considered. In individual cases, internal complaints options, such as with the chief of police or independent police commissioners, are also available. The Freedom of Information Act (IFG) may be used to gain access to the official decision-making basis.
What are the tasks and limits of police supervision in relation to criminal prosecution?
Police supervision is fundamentally distinct from criminal prosecution. While police supervision has a preventive character and serves hazard prevention, criminal prosecution is repressive and requires an initial suspicion of a crime. If a situation exceeds the scope of hazard prevention and repression (criminal prosecution) becomes paramount, it is necessary to move to criminal procedural law, in particular with its own investigatory powers and constitutional safeguards such as judicial authorization for searches pursuant to § 102 StPO. Within this context, the police must strictly observe distinct responsibilities, particularly with regard to the ordering and execution of measures as well as documentation and reporting obligations.
To what extent are there documentation requirements in the exercise of police supervision?
The police are legally required to carefully document measures carried out as part of police supervision. This includes recording the occasion, the persons involved, the measures taken, and the findings made. The state police laws (§ 13 Police Act NRW and comparable provisions), as well as internal administrative regulations, require comprehensive documentation. This is indispensable not only for transparency and review of official action, but also serves judicial oversight and the protection of the fundamental rights of those affected. Incomplete or inadequate documentation may render the measure unlawful and lead to consequences for those responsible.
