Book contents
- Frontmatter
- Contents
- List of contributors
- Preface and acknowledgements
- 1 Introduction: How did the idea of a European Criminal Record come about?
- PART I
- PART II
- 5 The European Criminal Record in Austria
- 6 The European Criminal Record in the Czech Republic
- 7 The European Criminal Record in Germany
- 8 The European Criminal Record in Greece
- 9 The European Criminal Record in Hungary
- 10 The European Criminal Record in Ireland
- 11 The European Criminal Record in the Netherlands
- 12 The European Criminal Record in Slovenia
- 13 The European Criminal Record in Slovakia
- 14 The European Criminal Record in Spain
- 15 The European Criminal Record in England and Wales
- PART III
- 19 Conclusions
- Index
7 - The European Criminal Record in Germany
Published online by Cambridge University Press: 13 July 2009
- Frontmatter
- Contents
- List of contributors
- Preface and acknowledgements
- 1 Introduction: How did the idea of a European Criminal Record come about?
- PART I
- PART II
- 5 The European Criminal Record in Austria
- 6 The European Criminal Record in the Czech Republic
- 7 The European Criminal Record in Germany
- 8 The European Criminal Record in Greece
- 9 The European Criminal Record in Hungary
- 10 The European Criminal Record in Ireland
- 11 The European Criminal Record in the Netherlands
- 12 The European Criminal Record in Slovenia
- 13 The European Criminal Record in Slovakia
- 14 The European Criminal Record in Spain
- 15 The European Criminal Record in England and Wales
- PART III
- 19 Conclusions
- Index
Summary
Introduction: basic legal structure of recording crime in Germany
The German constitutional separation of power system and legal order (ordre public) provides for a strict separation of police powers in two branches: criminal law enforcement on the justice side and ‘defence against dangers’ (Gefahrenabwehr) on the executive power side. There can be data collection in both branches, but in principle these databases may not be connected or mixed, except in cases of ‘immediate danger’. The methods, options, and limits of data collection, data storage in any kind of files, data transfer to other police and public authorities, and deletion (erasure, cancellation) of data from files are all regulated in particular police laws of the sixteen states (Länder) of the federal union. All these laws are manifestations of an exemplary federal framework law (Rahmengesetz), functioning as a model code and limiting state discretion. Thus, the police are allowed, albeit only in the context of criminal investigation, to collect and store all relevant data concerning the personal identity of a suspect, the alleged perpetration, and necessary additional data. Increasingly police authorities are making use of computer-based data collections for police preventive purposes in the framework of the executive branch. The unresolved legal problem is that there is a lack of legal powers for these practices and an absence of legal remedies for persons whose data are listed. Often data stay in these files even though the investigation has long stopped.
- Type
- Chapter
- Information
- Towards a European Criminal Record , pp. 154 - 167Publisher: Cambridge University PressPrint publication year: 2008