Term and Definition: Hot Pursuit
“Hot pursuit” is a central concept in German criminal law, playing a significant role particularly in connection with the provisions on provisional arrest (§ 127 para. 1 of the Code of Criminal Procedure, StPO). Hot pursuit describes situations in which a person is observed and apprehended or pursued by another person immediately after committing a criminal offense.
The legal definition results from interpreting the statutory wording and is closely linked to the term “fresh act.” Hot pursuit is not strictly limited to police action; under certain conditions, it also enables private individuals to arrest a suspect.
Legal Basis
Code of Criminal Procedure (§ 127 StPO)
The decisive provision governing the prerequisites and legal consequences of hot pursuit is § 127 para. 1 StPO, which states as follows:“If someone is caught in the act or pursued immediately after, anyone is authorized to provisionally arrest the person without a judicial order if they are suspected of fleeing or if their identity cannot be immediately ascertained.”
Further Provisions
Comparable regulations can also be found in the police laws of the federal states in addition to the StPO. Furthermore, the principle of proportionality, as guaranteed by the Constitution, plays a decisive role.
Conceptual Distinction: Caught in the Act vs. Pursued in the Act
Caught in the Act
A person is considered to be “caught in the act” when the perpetrator is encountered during the commission of the offense or immediately afterward, and there are objective indications of their guilt.
Hot Pursuit
Hot pursuit is considered if the perpetrator has already left the crime scene, but the offense has just been committed, and the suspect is pursued immediately—that is, without any significant time delay. This pursuit must stand in close temporal and spatial connection to the offense itself.
Requirements for Hot Pursuit
Temporal Connection
Hot pursuit requires that the pursuit follows in a direct temporal relation to the criminal offense. There must not be any longer interruption between commission of the offense and the pursuit. Pursuing someone hours after the offense no longer counts as “hot pursuit.”
Spatial Connection
A close spatial connection is required. The pursued person must be within the perceptible area of the crime scene; the pursuit must be “in sight” or at least so close that there can be no doubt about the identity of the person being pursued.
Continuous Pursuit
Hot pursuit must take place without significant interruption. However, even a brief, unavoidable interruption does not invalidate it, as long as the action continues seamlessly.
Areas of Application and Practical Relevance
Provisional Arrest by Private Individuals
Hot pursuit authorizes anyone to provisionally arrest a person, provided there is also a risk of flight or the person’s identity cannot be established. This is an exception to the general principle that deprivation of liberty is reserved to state authorities.
Police Action
Police authorities also regularly rely on the provisions governing hot pursuit, especially when measures must be taken without a judicial order to prevent escape.
Limits and Legal Consequences
The requirements for hot pursuit must be interpreted narrowly, since they entail a significant interference with the fundamental rights of the person concerned. If the requirements are not met, the arresting third party may themselves be liable to criminal prosecution, for example for unlawful detention (§ 239 StGB).
Distinction from Similar Terms
Exigent Circumstances
The term “exigent circumstances” from criminal procedure law exhibits certain parallels but covers a broader constellation, in which a legal disadvantage generally threatens if delayed.
Provisional Arrest and Self-Help
Unlike “self-help” (§ 229 BGB), arrest by means of hot pursuit is permissible solely for the purpose of securing prosecution and establishing identity. Further coercive measures are inadmissible and subject to strict limitations.
Legal Protection and Restrictions
Requirements for the Act of Arrest
The act of arrest must be proportionate and carried out only to the extent required for holding the person. Immediate handover to the police is necessary.
Legal Risks in Case of Unauthorized Use
If hot pursuit is wrongly asserted or significant legal violations occur, both civil and criminal consequences are possible.
Case Law and Literature
Courts regularly specify the prerequisites for hot pursuit, particularly regarding the immediacy of the pursuit and the proportionality of the arrest. Authoritative commentaries and textbooks on criminal procedure law and police law deal with this issue in detail.
Conclusion and Summary
Hot pursuit constitutes an important fundamental provision in criminal procedure law and also entitles private individuals to a provisional arrest under strict conditions. The application of this legal instrument is subject to strict temporal and spatial prerequisites as well as to maintaining proportionality. Abuse can have serious legal consequences. In practice, hot pursuit is highly relevant for effective criminal prosecution and the protection of the public, whereby the rights of the detained person must always be observed.
Literature References and Further Links:
- § 127 StPO – Text of the Law and Commentaries
- BeckOK StPO, § 127 paras. 1-15
- Meyer-Goßner/Schmitt: StPO Commentary, § 127 paras. 1 et seq.
- Police Law of the Federal States
Frequently Asked Questions
Who is authorized to pursue in the case of hot pursuit?
In cases of hot pursuit, not only the police are authorized to pursue and provisionally arrest, but, according to § 127 para. 1 StPO, any other person as well, provided certain requirements are met. No special authorization or qualification is required, i.e., anyone can hold a person detected or pursued in the commission of a criminal offense. This so-called “anyone’s arrest” requires that the person is caught or pursued in the act, that there is a reason for arrest (risk of flight or inability to establish identity), and that the means of arrest are proportionate. The person detained must be handed over to the police without delay.
When is a person considered “pursued in the act” for the purposes of hot pursuit?
A person is considered to be “pursued in the act” when the pursuit begins immediately after discovery of the offense. This requires that there is no significant temporal or spatial gap between discovery and the commencement of the pursuit, so the pursuit can still be directly attributed to the original event. Typically, this is the case if a crime is observed and the suspect immediately flees and is pursued. The trail of the offense must be “fresh”, i.e., unmixed and clearly recognizable. The longer the pursuit lasts or the further it gets from the scene, the more likely the criterion of a ‘fresh act’ ceases to apply.
What are the legal limits of arrest in the context of hot pursuit?
Arrest in the context of hot pursuit is subject to strict legal limits. Only provisional arrest with the goal of establishing identity or securing the suspect until police arrival is permitted. Excessive use of force is prohibited and only justified to the extent necessary to prevent resistance or escape. Measures such as restraining or searching a person for self-protection or securing evidence are only permitted after careful consideration of proportionality. The police must be notified immediately after the arrest, and the person is to be handed over to their custody.
What offenses justify hot pursuit by any person?
Hot pursuit by any person is generally permitted for any criminal offense, regardless of its seriousness or type (misdemeanor or felony under the StGB). It is not required that it be an official offense; even in the case of complaint-dependent or petty offenses, provisional arrest can be carried out if the statutory requirements are met (caught or pursued in the act, risk of flight or unknown identity). Pursuing an offense with the aim of private retaliation or punishment, however, is inadmissible and constitutes unlawful vigilantism.
What legal consequences arise from unlawful hot pursuit?
In cases of unlawful pursuit or arrest in the act, for example, when the elements of § 127 StPO are not met or the means used are disproportionate, civil, criminal, and disciplinary consequences may arise. The arresting person may be criminally liable for unlawful detention (§ 239 StGB) or bodily harm (§ 223 StGB), and can also be held liable for claims for damages and compensation for pain and suffering pursuant to § 823 BGB. In police service, disciplinary and supervisory measures may also be taken.
What role does proportionality play in pursuit and arrest in the act?
Proportionality is the central criterion for any pursuit and arrest in the act. It requires that the means used are suitable, necessary, and appropriate to achieve the legitimate aim (detention until handover to police, prevention of escape). Excessive or escalating violence, measures leading to unjustified deprivation of liberty, or actions exceeding the necessary level of securing the person are not permitted. The arrest must be terminated as soon as its purpose ceases to exist (e.g., after establishing identity).
How long may a person be detained in the context of hot pursuit?
The duration of detention must be limited to what is strictly necessary. As soon as the suspect’s identity has been established or the police have taken over the person, detention must end. Any longer or unauthorized custody is forbidden. In any case, the detention is a provisional measure and no substitute for regular police custody or judicial order, which usually has to be provided within a few hours.
