Definition and Significance of the Pursuit of Fugitives
The term ‘pursuit of fugitives’ is a significant concept in German criminal and criminal procedure law and refers to measures taken by law enforcement authorities to apprehend individuals who evade police or criminal procedural interventions—particularly criminal proceedings or arrest—by fleeing or attempting to flee. The legal foundations, requirements, procedures, and limits of such pursuit are set out in various provisions of the Code of Criminal Procedure (StPO) as well as police law.
Legal Foundations of the Pursuit of Fugitives
Code of Criminal Procedure (StPO)
The essential provisions for the pursuit of fugitives are found in the Code of Criminal Procedure. Section 127 (1) StPO regulates the so-called ‘provisional arrest’—the right of any individual to apprehend a person, caught in the act or being pursued, without a judicial order, if there is a risk of flight. The term ‘pursue’ as used in § 127 StPO expressly includes the pursuit of fugitives.
According to § 127 (2) StPO, police officers are also authorized, under the conditions stated therein, to arrest a person.
Police Law
Police laws of the federal states also contain provisions empowering police forces to pursue fugitives and to use direct force against individuals who evade law enforcement or hazard prevention measures by fleeing.
Requirements for the Pursuit of Fugitives
Legal Definition of ‘Fugitive’
Within the framework of the pursuit of fugitives, the definition of ‘flight’ or the ‘fugitive’ person plays a central role. A person is considered fugitive if they actually evade or attempt to evade state intervention. The requirements are:
- Caught in the Act or Pursued: The pursuit of fugitives presupposes that a crime has just been committed or is ongoing and that the perpetrator is either still present at the scene (caught in the act) or is being pursued immediately after committing the offense.
- Flight or Attempted Flight: The person must either be in the process of evading state intervention or have already done so.
Recognizability of the Intention to Flee
For the lawfulness of a pursuit of fugitives, there must be objective indications that the person in question is actually trying to evade the proceeding or police measure by fleeing. Simply leaving the scene without recognizable evasive behavior is not always sufficient.
Measures in the Pursuit of Fugitives
Direct Force and Arrest
In the context of pursuing fugitives, police officers and, if applicable, other authorized persons are entitled to use direct force—such as physical force or means of coercion—so long as this is necessary for the arrest. The principle of proportionality applies.
Restriction of Fundamental Rights
The pursuit of fugitives regularly leads to restrictions of fundamental rights, in particular:
- Personal freedom (Art. 2 para. 2 GG)
- Inviolability of the home (Art. 13 GG) when a residential search is conducted during a pursuit
- Right to physical integrity (Art. 2 para. 2 GG) in cases of the use of direct force
Such restrictions are only lawful if the statutory requirements and the principle of proportionality are observed.
Search Measures
In addition to the immediate pursuit at the scene or nearby, longer-term and large-scale search operations (such as identity checks, traffic controls, setting up checkpoints, or using technical aids) are means of pursuing fugitives if the fugitive has eluded the authorities.
Limits and Legal Remedies in the Pursuit of Fugitives
Principle of Proportionality
Every measure in the context of pursuing fugitives is subject to the principle of proportionality. It must be suitable, necessary, and appropriate to achieve the goal of apprehension, without impairing the rights of the person concerned any more than necessary.
Legal Remedies
Persons affected by measures relating to the pursuit of fugitives—especially arrest, coercive measures, or searches—may seek legal remedies. These include:
- Complaint procedure under § 304 StPO: Judicial review of police or prosecutorial measures
- Application for judicial decision (§§ 98, 104 StPO)
- Claims for damages and compensation for unlawful deprivation of liberty (§§ 7 et seq. StrEG)
Distinctions and Special Cases
Difference from a Search
The pursuit of fugitives differs from general search operations in that it concerns an immediate, concrete flight situation, whereas a search also covers longer-term attempts to identify and arrest an individual.
Stalking and Large-Scale Police Search Operations
In cases of particularly serious offenses or exceptional situations (e.g., counter-terrorism operations), more extensive police measures may be implemented that go beyond the classic pursuit of fugitives, such as the ordering of a search or control zone approach.
Relevance of Pursuing Fugitives in Case Law
National case law has clarified the term and requirements for the pursuit of fugitives in numerous decisions, particularly regarding the interpretation of ‘caught in the act’ (§ 127 StPO), the scope of permissible coercive measures, and the lawfulness of arrests and related fundamental rights encroachments.
International References
The pursuit of fugitives is also relevant in the context of European and international legal cooperation, for example in cross-border pursuits within the Schengen area or in police cooperation via EUROPOL and INTERPOL.
Literature and Further Provisions
- Code of Criminal Procedure (StPO), especially § 127
- State police laws
- Basic Law (GG), Art. 2, Art. 13
- Act on Compensation for Law Enforcement Measures (StrEG)
- Case law on the requirements for the pursuit of fugitives (BGH, OLG)
- European cooperation in police pursuit
Conclusion: The pursuit of fugitives is a central instrument of law enforcement authorities, which may only be exercised in strict compliance with legal requirements and fundamental rights. Its legal framework is complex and is essential for an effective and constitutionally based law enforcement system.
Frequently Asked Questions
What legal requirements must be met for the police pursuit of fugitives?
Specific legal requirements must be met for the police pursuit of fugitives. In Germany, these are primarily derived from the Code of Criminal Procedure (StPO) as well as state police laws. As a prerequisite, there must be suspicion of a crime for which the person is being pursued. The police may pursue individuals if an arrest warrant exists or if an arrest under § 127 StPO (provisional arrest) is permissible, for example in cases of a crime committed in the act or apprehension at the scene. The principle of proportionality must always be upheld, meaning the measures taken must not be disproportionate to the severity of the offense. In special cases, such as imminent danger, measures may also be taken without a judicial order to ensure effective law enforcement. Additional provisions arise from the respective state police laws, which contain specific regulations on hot pursuit and cross-border powers.
What legally permitted measures are available when pursuing fugitives?
Legally permissible measures for pursuing fugitives include, among others, surveillance, search operations, use of technical aids (such as license plate recognition systems), use of police dogs, and, where necessary, the use of direct force (e.g., physical force or means of physical coercion). Measures such as police stops and identity checks, arrests, and searches of persons, vehicles, and premises are also permitted if statutory requirements are met. The use of firearms is permitted only as a last resort when there is a serious danger to life or limb and less severe means have failed or are manifestly futile (§ 55 (5) PolG NRW). All measures employed must always comply with the principle of proportionality and a statutory basis for authorization.
How does police pursuit of fugitives differ from that by private individuals?
In contrast to the police, private individuals are generally not permitted to pursue fugitives, except in cases of provisional arrest under § 127 (1) StPO (the right to arrest by any person). This allows anyone to detain a person who is caught in the act or being pursued if flight is suspected or identity cannot be established. However, private persons are subject to much stricter limitations: they may only use proportionate and reasonable means and may not take police coercive actions (such as searching homes or using firearms). Exceeding these limits can lead to criminal liability (e.g., bodily harm, coercion).
What statutory powers exist for cross-border pursuit (hot pursuit)?
Cross-border pursuit, also known as ‘hot pursuit,’ is regulated in the Schengen Implementing Convention (SIC), particularly in Article 41. It allows police officers of a member state to pursue fugitives—who have committed a crime in their country—across the border into another member state. The procedure is subject to strict legal requirements, such as the immediate notification of the authorities of the other state and the cessation of the pursuit as soon as officers from the other state take over. In practice, bilateral agreements supplement these rules, for instance, between Germany, Poland, and the Czech Republic. Further provisions are contained in the Europol Act and national police regulations, which clearly define the legal framework.
What rights do fugitives have when fleeing from the police?
Fugitives also retain basic rights during pursuit, such as the right to be heard, the right to physical integrity, and the right to counsel (lawyer). The police are obliged to respect the human dignity and physical integrity of those concerned (Art. 1 and 2 GG). Unlawful use of force, intimidation, or mistreatment is strictly prohibited and subject to criminal prosecution. After an arrest, fugitives must immediately be informed of the reason for their arrest, their rights, and any accusations, and be brought before a judge upon request.
Are there special regulations on the documentation and follow-up of pursuit measures?
Yes, all measures taken in the course of pursuing fugitives are subject to comprehensive documentation duties. The officers involved must document the type, grounds, course, and outcome of the measure to allow for verification of lawfulness and proportionality. This serves to protect both the police and the person concerned. The use of technical equipment, application of force, and effecting arrests must also be completely recorded. Faulty or absent documentation may result in legal consequences up to the invalidity of the measures and disciplinary proceedings.
What legal consequences may follow in the case of unlawful pursuit measures?
If unlawful measures are taken during the pursuit of fugitives, criminal, civil, and disciplinary consequences may result. Affected persons have the right to complain and, where appropriate, to claim compensation. Criminal offenses such as misconduct in office, unlawful deprivation of liberty, or coercion may become relevant. In the disciplinary sphere, proceedings can be initiated against responsible officers. Unlawful pursuit measures may also affect the admissibility of evidence obtained (exclusion of evidence).
