Law on the Federal Police (Federal Police Act-BPolG)

Unofficial table of contents

BPolG

Date of completion: 19.10.1994

Full quote:

" Federal Police Act of 19. October 1994 (BGBl. 2978, 2979), as last amended by Article 14 of the Regulation of 31 August 2015 (BGBl I). I p. 1474).

Status:

Last amended by Art. 14 V v. 31.8.2015 I 1474

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.11.1994 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the   
 ERL 82/2004 (CELEX Nr: 304L0082)  G v. 22.12.2007 I 3214 + + +) 

  

Heading: IdF d. Art. 1 No. 1 G v. 21.6.2005 I 1818 mWv 1.7.2005
The G was decided on as Article 1 G 13-7-1 of 19.10.1994 I 2978 (BGSNeuRegG) of the Bundestag. It's gem. Article 3 (1) sentence 1 of this G mWv 1.11.1994 entered into force. Unofficial table of contents

Content Summary

Section 1
	Tasks and uses
		§ 1				General
		§ 2				Border protection
		§ 3				Railway Police
		§ 4				Air safety
		Section 4a				Security measures on board aircraft
		§ 5				Protection of federal bodies
		§ 6				Tasks at sea
		§ 7				Tasks in the case of emergencies and defence
		§ 8				Use abroad
		§ 9				Use to support other federal agencies
		§ 10				Use in support of the Federal Office for the Protection of the Constitution in the field of radio technology
		§ 11				Use to support a country
		§ 12				Prosecution of criminal offences
		§ 13				Prosecution and prosecution of administrative offences
Section 2
	Powers
		Subsection 1
			General powers and general provisions
		§ 14				General powers
		§ 15				Principle of proportionality
		§ 16				Discretion, choice of funds
		§ 17				Responsibility for the behaviour of persons
		§ 18				Responsibility for the behaviour of animals or the state of things
		§ 19				Direct execution of a measure
		§ 20				Use of non-responsible persons
		Subsection 2
			Special powers
				Part 1
					Data collection
		Section 21				Collection of personal data
		Section 22				Interviewing and reporting requirements
		Section 22a				Collection of telecommunications data
		Section 23				Identity determination and verification of authorization
		§ 24				Recognition services
		Section 25				Summons
		Section 26				Data collection at public events or collections
		§ 27				Automatic image recording and recording equipment
		§ 28				Special means of data collection
				Part 2
					Data processing and data usage
		§ 29				Storage, modification and use of personal data
		§ 30				Invitation to tender for the search
		Section 31				Call for tenders for border police observation
		Section 31a				Transmission of passenger data
		Section 32				Transfer of personal data
		Section 32a				Transfer of personal data to Member States of the European Union
		§ 33				Supplementary rules for transmission
		§ 33a				Use of data transmitted in accordance with Council Framework Decision 2006 /960/JHA
		Section 34				Reconciliation of personal data
		§ 35				Rectification, erasure and blocking of personal data
		§ 36				Erection Order
		Section 37				Application of the Federal Data Protection Act
				Part 3
					Space referral, custody, search
		§ 38				Space referral
		§ 39				Custody
		§ 40				Judicial decision
		Section 41				Treatment of detained persons
		§ 42				Duration of deprivation of liberty
		Section 43				Search of persons
		Section 44				Search of things
		§ 45				Entering and search of apartments
		Section 46				Procedures for the search of apartments
				Part 4
					Supplementary provisions
		§ 47				Ensure
		§ 48				Custody
		§ 49				Recovery, destruction
		§ 50				Issue of security items or proceeds, costs
Section 3
	Damage compensation
		Section 51				Measures to be taken to compensate for mandatory facts
		Section 52				Content, type and extent of compensation
		Section 53				Compensation in the event of death
		§ 54				Limitation of the right to compensation
		§ 55				Compensation obligations, replacement claims
		§ 56				Legal Way
Section 4
	Organisation and responsibilities
		Section 57				Federal Police
		Section 58				Factual and local competence
		§ 59				Verbandary task perception
		§ 60				Use of helicopters
		Section 61				Border crossing points, border permit
		Section 62				Support obligations
		§ 63				Enforcement service, auxiliary police officers
		Section 64				Official acts of police officers of the federal states, as well as law enforcement officers of other federal authorities or other states within the jurisdiction of the Federal Police
		Section 65				Official acts of civil servants of the Federal Police in the area of competence of a country or activities in other States
		Section 66				Official acts of officials of the customs administration in the area of responsibility of the Federal Police
		Section 67				Official acts of civil servants of the Federal Police under the jurisdiction of the Customs Administration
		Section 68				Performance of tasks by the customs administration
Section 5
	Final provisions
		Section 69				Administrative provisions
		§ 69a				Fines
		Section 70				Limitation of fundamental rights

Section 1
Tasks and uses

Unofficial table of contents

§ 1 General

(1) The Federal Police shall be administered in federal administration. It is a federal police force within the remit of the Federal Ministry of the Interior. (2) The Federal Police are responsible for the tasks which are either transferred to it by this Act or by another federal law until 1 November 1994. (3) The Federal Police shall, in its own competence, secure its authorities, associations, units and other bodies against the dangers which affect the performance of their duties. The security shall be limited to the facilities referred to in the first sentence and to the land on which these facilities are housed. (4) The protection of private rights shall be the responsibility of the Federal Police, within the limits of their duties, only if: (5) The tasks of the Federal Police, including the prevention of security, shall also include the prevention of judicial protection against the law of the Federal Police. of criminal offences in accordance with this Act. (6) shall be carried out in the performance of duties of The Federal Police Office is in contact with the competent authorities in consultation with other federal or state authorities. If this is not possible because the risk is in default, the competent authorities shall be informed immediately of the measures taken. (7) The responsibility of the police force of the country shall also remain in the areas referred to in paragraph 3 as well as in the § § 2 to 5 shall be without prejudice to the geographical areas of competence of the Federal Police. Unofficial table of contents

§ 2 Border Protection

(1) The Federal Police are responsible for the border police protection of the federal territory (border protection), unless a country, in agreement with the Federal Government, carries out tasks of the national border police service with its own forces. (2) The border guard includes

1.

police surveillance of borders,

2.

the police control of international traffic, including

a)

the review of the border crossing documents and the border crossing authority,

b)

the border control,

c)

the defence against danger,

3.

in the border area up to a depth of 30 kilometres, and from the external boundary to a depth of 50 kilometres, the defence of hazards which affect the security of the border.

The Federal Ministry of the Interior is authorized, in order to secure the border area, to extend the area referred to in sentence 1, No. 3, from the present limitation to the Federal Council by means of a regulation with the consent of the Federal Council, in so far as the border surveillance in the German coastal zone requires this. The legal regulation provides a precise indication of the course of the rear boundary line of the extended border area. This line shall not exceed a depth of 80 kilometres from the external limit. (3) The agreement referred to in paragraph 1 shall be in a written agreement between the Federal Ministry of the Interior and the participating country. , which is to be published in the Federal Gazette. In the agreement the cooperation between the Federal Police and the police force of the country shall be settled. (4) If the police of a country perform tasks pursuant to paragraph 1 in agreement with the federal government with its own forces, the implementation of the Tasks in accordance with the law applicable to the police of the country. Unofficial table of contents

§ 3 Railway Police

(1) The Federal Police has the task of averting risks to public safety or order in the field of railway installations of the Federal Railways.

1.

threatens the users, the installations or the operation of the railway, or

2.

in the course of the operation of the train or from the railway lines.

(2) The transport undertakings benefiting from the performance of the tasks referred to in paragraph 1 shall be obliged to provide the Federal Police with adequate compensation for the benefits they have obtained. The Federal Ministry of the Interior is authorized to set a percentage of 50 percent of the total cost of the compensation by means of a legal regulation in agreement with the Federal Ministry of Transport and Digital Infrastructure for the compensation to be paid. the Federal Police shall not be allowed to exceed the tasks referred to in paragraph 1. In particular, account shall be taken of the advantages gained and the economic performance of the transport undertaking. Where a number of transport undertakings are favourable, a percentage shall be fixed separately for each undertaking in accordance with the provisions of sentence 3, and the sum of these percentages shall not exceed 50 per cent of the total expenditure. The compensatory amounts are levied by the federal police authority determined in accordance with Section 58 (1) of the regulation.

Footnote

§ 3: compatible with GG (100-01). BVerfGE v. 28.1.1998 I 803 (2 BvF 3/92) Unofficial table of contents

§ 4 Air safety

The Federal Police are responsible for the protection against attacks on the security of air traffic according to § 5 of the Air Security Act, insofar as these tasks are carried out in accordance with Section 16 (3) sentences 2 and 3 of the Air Security Act in Germany's own administration. Unofficial table of contents

Section 4a Security measures on board aircraft

The Federal Police may be used to maintain or restore order of safety or order on board German aircraft. The first sentence of Section 12 (1) of the Air Security Act remains unaffected. The measures referred to in the first sentence must always be in accordance with the requirements for the safety of the aircraft and passengers and must therefore, in principle, be taken in close cooperation with the aircraft driver. Unofficial table of contents

§ 5 Protection of federal organs

(1) The Federal Police may protect the constitutional bodies of the Federal Government and the Federal Ministries against the dangers which affect the performance of their duties, if they request and agree between the Federal Ministry of the Interior and the Federal Ministry of the Interior. the country concerned is likely to be unable to provide adequate protection for other countries. The Federal Ministry of the Interior decides on the acquisition of protection by the Federal Police. The transaction is to be published in the Federal Gazette (Bundesanzeiger). (2) The protection by the Federal Police is limited to the land on which the constitutional bodies or the federal ministries have their headquarters. Unofficial table of contents

§ 6 Tasks at sea

Without prejudice to the competence of other authorities or the armed forces, the Federal Police shall, at sea outside the German territorial sea, take the measures to which the Federal Republic of Germany is entitled under international law. This does not apply to measures which are assigned to other authorities or departments by federal legislation or which are reserved exclusively for warships. Unofficial table of contents

Section 7 Tasks in the case of emergency and defence

(1) If the Federal Government implements the Federal Police pursuant to Article 91 (2) of the Basic Law in order to avert an imminent threat to the stock or to the free democratic constitutional order of the Federal Government or of a country, the Federal Police shall, in the case of: (2) Paragraph 1 shall apply mutagentily if the Federal Police are to be used in accordance with Article 115f (1) (1) or Article 115i (1) of the Basic Law. Unofficial table of contents

§ 8 Use abroad

(1) The Federal Police may take part in police or other non-military tasks within the framework of international measures at the request and under the responsibility of

1.

of the United Nations

2.

a regional arrangement or body, in accordance with Chapter VIII of the Charter of the United Nations, of which the Federal Republic of Germany is a member,

3.

of the European Union, or

4.

of the Western European Union

used abroad. The use of the Federal Police must not be carried out against the will of the State on whose territory the measure is to take place. The decision on the use according to sentence 1 shall be taken by the Federal Government. The German Bundestag shall be informed of the intended use. It may, by decision, require that the use be terminated. (2) The Federal Police may also be used in individual cases to save persons from a present danger for life or limb abroad. The use shall be permitted only for humanitarian purposes or for the enjoyment of the urgent interests of the Federal Republic of Germany and in agreement with the State on whose territory the measure is to take place. The decision is taken by the Federal Minister of the Interior in agreement with the Federal Foreign Office. (3) The Federal Police are responsible for carrying out the tasks referred to in paragraphs 1 and 2 in accordance with the applicable international law. Agreements or arrangements made pursuant to such agreements. Unofficial table of contents

§ 9 Use in support of other federal authorities

(1) The Federal Police

1.

the President of the German Bundestag in the exercise of domestic law and police violence in the building of the Bundestag,

2.

The Federal Foreign Office in the performance of tasks for the protection of German missions abroad,

3.

the Federal Criminal Police Office (Bundeskriminalamt) in the performance of its protection tasks in accordance with § 5 of the Federal Criminal Police Act.

The support provided by the Federal Police is governed by the law applicable to the supported body. (2) The decision on the assistance referred to in paragraph 1 shall be taken by the Federal Ministry of the Interior. When carrying out these support tasks, the police officers of the Federal Police are subject to the technical instructions of the supported body. If the Federal Police are to carry out tasks for the independent perception within the scope of paragraph 1 (3), the Federal Criminal Police Office shall direct its technical instructions to the body designated for this purpose by the Federal Police. (3) The obligation to provide assistance shall remain in force. unaffected. Unofficial table of contents

§ 10 Use in support of the Federal Office for the Protection of the Constitution in the field of radio technology

(1) The Federal Police shall carry out tasks pursuant to Section 3 (1) of the Federal Constitutional Protection Act for the Federal Office for the Protection of the Constitution in the field of radio technology and radio-based evaluation, insofar as the radio traffic is not the subject of the Telecommunications secrecy shall be subject to:

1.

Detection of the operation of radio equipment by foreign intelligence services or the persons ' associations and individuals observed by the Federal Office for the Protection of the Constitution,

2.

Radio-based evaluation of the radio traffic of foreign intelligence services or of the individuals ' associations and individuals observed by the Federal Office for the Protection of the Constitution,

3.

Radio-based evaluation of documents, devices and records used in the operation of radio equipment by foreign intelligence services or the persons ' associations and individuals observed by the Federal Office for the Protection of the Constitution .

(2) The performance of the tasks referred to in paragraph 1 shall be governed by the Federal Constitutional Protection Act; it must not be connected with the performance of police tasks. The Federal Police may only exercise powers of the Federal Office for the Protection of the Constitution as far as is necessary for the performance of these tasks. It may use the personal data obtained in the course of the duties referred to in paragraph 1 only for the purpose referred to therein. The data may only be kept by the Federal Police as long as this is necessary for the performance of the tasks referred to in paragraph 1. (3) The Federal Ministry of the Interior shall regulate the details of the task perception referred to in paragraph 1, in particular Art and The scope of the tasks, as well as the necessary technical and organisational demarcation with the other areas of responsibility of the Federal Police, in a service statement, and inform the Parliamentary Assembly of the necessary amendments thereto. Control panel. Unofficial table of contents

§ 11 Use to support a country

(1) The Federal Police may be used to support a country

1.

for the maintenance or re-establishment of public security or order in cases of special importance pursuant to the first sentence of Article 35 (2) of the Basic Law,

2.

in the event of a natural disaster or, in the event of a particularly serious accident, in accordance with the second sentence of Article 35 (2) and (3) of the Basic Law,

3.

on the defence of an imminent threat to the stock or to the free democratic constitutional order of the Federal Government or of a country under Article 91 (1) of the Basic Law,

in so far as the country is unable to carry out a task without this assistance, or only under considerable difficulties. (2) The support of a country by the Federal Police in accordance with paragraph 1 shall be governed by the law applicable to the country. Subject to Article 35 (3) of the Basic Law, the Federal Police shall be subject to the technical instructions of the country. (3) The decision on the use of the federal police pursuant to paragraph 1 shall apply in the case of Article 35 (3) of the Basic Law. The Federal Government, in other respects the Federal Ministry of the Interior at the request of the country. The Federal Ministry of the Interior may, in certain cases, delegate its decision-making power to a federal police authority by administrative provision. (4) A requirement of the Federal Police is to be in accordance with the requirements, unless the use of the Federal Police Office is not Federal police for federal tasks are more urgent than the support of the country. The requirement shall contain all the essential characteristics of the application for the decision. The additional costs arising from the assistance of a country referred to in paragraph 1 shall be borne by the country, unless otherwise specified in an administrative arrangement for specific reasons. (5) The obligation to provide assistance shall remain: unaffected. Unofficial table of contents

§ 12 prosecution of criminal offences

(1) The Federal Police shall carry out the police duties in the field of prosecution (§ § 161, 163 of the Code of Criminal Procedure), insofar as there is a suspicion of a crime (§ 12 para. 2 of the Criminal Code), the

1.

is directed against the security of the border or the performance of its tasks in accordance with Article 2;

2.

in accordance with the provisions of the Passport Act, the Residence Act or the Asylum Procedures Act, to the extent that it has been committed by the border crossing or in a direct connection with the same,

3.

to allow the crossing of borders by means of deception, threat, violence or otherwise unlawful, as far as it is found in the control of international traffic,

4.

the transfer of a case over the border without the official permission of the federal police as a legal element of the criminal procedure, provided that the Federal Police, by or on the basis of a law, the task of monitoring the movement ban is assigned,

5.

has been committed in the field of railway installations of the Federal Railways and is directed against the safety of a user, the installations or the operation of the railway, or the assets of the railway or the assets entrusted to it,

6.

is subject to German criminal law and requires law enforcement measures at sea outside the German coastal sea within the scope of § 6,

in addition, in so far as the suspicion of a crime exists in accordance with point 2 or in accordance with Section 315 (3) (1) of the Criminal Code and in cases of the number 6. The Federal Ministry of the Interior shall, in agreement with the Federal Ministry of Justice and the Federal Ministry of Justice and with the consent of the Federal Council, determine the details of the offences referred to in the first sentence by means of a legal regulation. As far as sentence 1 (4) is concerned, the agreement with the Federal Ministry of Finance is also to be established. (2) The Federal Police are subject to special legislative provisions governing the police tasks in the field of Criminal prosecution in the cases referred to in paragraph 1, if the offence has been committed in its territorial jurisdiction (Section 1 (7)). Furthermore, the jurisdiction of other police authorities for prosecution shall also remain unaffected in the cases referred to in paragraph 1. The Public Prosecutor's Office may, in consultation with the Federal Police, transfer the investigation of another police authority otherwise competent. (3) In the case of criminal offences which do not fall under the provisions of paragraph 1, the matter shall immediately be addressed to the competent authorities. law enforcement authority. The obligation of the Federal Police in accordance with § 163 (1) of the Code of Criminal Procedure to make all orders not to be postponed in order to prevent the darkening of the case shall remain unaffected. Sentences 1 and 2 shall apply mutacrimes to criminal offences within the meaning of paragraph 1 if they are related to further offences and if the gravity of the offences as a whole is outside the jurisdiction of the Federal Police or if: Offences outside the territorial sea referred to in the first sentence of the first sentence of paragraph 1 or first sentence of the first sentence of the first sentence of the first sentence of paragraph 1 of this sentence shall be subject to investigation In cases of doubt, the Public Prosecutor's Office may determine the competent police authority. (4) If investigations are necessary outside the areas referred to in Article 1 (7), the Federal Police shall take their measures in consultation with the police of the (5) Officials in the Police Services of the Federal Police, which are at least four years old, are investigators of the Public Prosecutor's Office (Section 152 of the Law of the Judicial Constitution) and have the rights and obligations of the Federal Police. of the police officers in accordance with the criminal procedure. In the cases referred to in the first sentence of the first sentence of paragraph 1 and the last sentence of the first sentence of paragraph 1, the last half-sentence shall apply at sea outside the German territorial sea in the course of the prosecution of criminal offences for the performance of obligations under international law or to the under international law, the provisions of the Code of Criminal Procedure shall apply.

Footnote

§ 12 para. 1 sentence 1 half-sentence 1 no. 5: In accordance with the decision formula with GG (100-1), according to the decision. BVerfGE v. 28.1.1998 I 803 (2 BvF 3/92) Unofficial table of contents

§ 13 Persecution and prosecution of administrative offences

(1) In the context of the tasks assigned to it, the Federal Police shall carry out the police tasks in accordance with the Law on Administrative Offences. § 12 (2) sentence 1 and 2 as well as (4) shall apply accordingly. (2) Administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences shall be subject to administrative offences in accordance with § § 111 and 113 of the Code of Administrative Offences, which shall be published in the The Federal Police Office (Bundespolizei) has been committed to the federal police authority in accordance with Section 58 (1). (3) The responsibility of federal police authorities for the prosecution and for the prosecution of federal police authorities is conferred by or on the basis of other federal laws. Punishment of administrative offences as an administrative authority within the meaning of section 36 (1) (1) and (2) of the Law on Administrative Offences remains unaffected. (4) Officials in the Police Station of the Federal Police, who belong to the Police Station for at least four years, are authorized, within the framework of their duties, to issue warnings and To raise the amount of warning.

Section 2
Powers

Subsection 1
General powers and general provisions

Unofficial table of contents

Section 14 General powers

(1) The Federal Police may take the necessary measures for the performance of their duties in accordance with § § 1 to 7 in order to ward off a danger, insofar as this law does not specifically regulate the powers of the Federal Police. (2) Risk within the meaning of this Section is an individual risk to public security or order in the field of tasks which the Federal Police are to carry out in accordance with § § 1 to 7. A significant risk within the meaning of this section is a danger to a significant legal good, such as state, life, health, freedom, substantial assets or other criminal-protected goods of considerable importance to the general public. (3) In order to carry out the tasks assigned to the Federal Police by other federal legislation, it shall have the powers provided for therein. Insofar as such legislation does not, or does not conclude, powers, the Federal Police shall have the powers conferred on it under this Act. Sentence 2 shall also apply to the powers of the Federal Police as part of the duties to protect against attacks on the security of air traffic in accordance with § 4, insofar as § 5 of the Air Security Act does not contain any regulations. Unofficial table of contents

§ 15 Principle of proportionality

(1) There are several possible and appropriate measures to be taken which are likely to least affect the individual and the general public. (2) A measure must not lead to a disadvantage resulting from the success of the success of the programme. (3) A measure shall be admissible only until its purpose has been reached, or to show that it cannot be reached. Unofficial table of contents

§ 16 discretion, choice of funds

(1) The Federal Police shall take their measures in accordance with reasonable discretion. (2) If several means are considered for the defence of a danger, it shall be sufficient if one of them is determined. At the request of the person concerned, the person concerned shall be allowed to use another equally effective means, provided that the general public is not adversely affected by this. Unofficial table of contents

§ 17 Responsibility for the conduct of persons

(1) If a person is in danger, the measures shall be directed against them. (2) If the person is not yet fourteen years old, the measures may also be directed against the person who is obliged to supervise them. If a carer is appointed for the person, the measures may also be directed against the supervisor within the scope of his/her duties. (3) A person who is ordered to carry out an assignment shall be liable in the execution of the execution, according to the following: Measures can also be directed against the person who has ordered others to do the same. Unofficial table of contents

§ 18 Responsibility for the behaviour of animals or the condition of things

(1) If there is a risk from an animal or a case, the measures shall be directed against the holder of the actual violence. The following provisions shall apply mutatiously to animals. (2) Measures may also be directed against the owner or any other person entitled to do so. This shall not apply if the holder of the actual force exercises it without the will of the owner or the person entitled to it. (3) If the risk is of a non-profit-making, the measures may be directed against the person who owns the property. has given up on the matter. Unofficial table of contents

Section 19 Direct execution of a measure

(1) The Federal Police may execute a measure itself or directly by an authorized representative if the purpose of the measure can be achieved by using the persons responsible according to § 17 or § 18, or not in time. The person affected by the measure must be informed without delay. (2) The Federal Police are charged with the direct execution of a measure, and the persons responsible under § 17 or § 18 shall be obliged to replace them. Several responsible persons are liable as total debtors. The costs may be recovered in the administrative enforcement procedure. Unofficial table of contents

§ 20 Use of non-responsible persons

(1) The Federal Police may take measures against persons other than those responsible under section 17 or § 18 if:

1.

to avert a present significant danger,

2.

Measures against those responsible pursuant to § 17 or § 18 are not or are not possible in good time or promise no success,

3.

the Federal Police may not or may not repel the danger either in time or by a commissioner, and

4.

the persons without significant personal risk and without any breach of higher-quality duties can be taken up.

The measures may only be upheld as long as the defences of the danger are not possible in other ways. (2) The Federal Police may also direct measures against persons other than those responsible under § 17 or § 18, insofar as this is not possible. the following provisions of this section.

Subsection 2
Special powers

Part 1
Data collection

Unofficial table of contents

Section 21 Collection of personal data

(1) The Federal Police may, unless otherwise specified in this Section, collect personal data to the extent that this is necessary for the performance of a task assigned to it. (2) For the purpose of the prevention of criminal offences, a survey shall be carried out. of personal data shall be admissible only in so far as the facts justify the assumption that:

1.

the person intends to commit criminal offences within the meaning of section 12 (1) of significant importance and the data are required for the prevention of such offences, or

2.

the person is connected to a person referred to in paragraph 1 in a manner which is likely to lead to the prevention of criminal offences referred to in point 1, and in other ways to that person. would be hopelessly or significantly more difficult.

(3) Personal data shall be open and collected by the person concerned. They may be collected from other public or non-public bodies if the survey is not possible in the case of the person concerned, or if it would jeopardize or significantly impede the performance of the tasks of the Federal Police. A data collection, which is not intended to be recognizable as a measure by the Federal Police, is only admissible if in other ways the performance of the tasks of the Federal Police is seriously jeopardised or if it is to be assumed that this is the case. (4) If personal data are collected by the person concerned or in the case of non-public bodies, they shall be required to provide information on the extent of their obligation to provide information and to the legal basis of the information provided by the Data collection should be noted. The notice may not be held if it would jeopardize or significantly impede the performance of the tasks of the Federal Police. If there is no obligation to provide information, it is necessary to draw attention to the voluntary nature of the information. Unofficial table of contents

Section 22 questioning and obligation to provide information

(1) The Federal Police may ask a person if facts justify the assumption that the person can provide relevant information for the performance of a specific task of the Federal Police. For the purpose of questioning, the person may be stopped. On request, the person has to hand out identity documents for the examination. (1a) In order to prevent or prevent unauthorised entry into the federal territory, the Federal Police may take part in trains and in the area of railway systems of the railways of the Federal Government (§ 3), insofar as it is to be assumed on the basis of knowledge of the situation or of border police that they are used for unauthorised entry, as well as in an air transport facility or establishment of a traffic airport (§ 4) with Cross-border traffic stops every person for a short period of time, (2) The person being interviewed is obliged to name, first name, day and place of birth, address and place of residence, and to take part in the examination of the documents. nationality, insofar as this is necessary for the performance of the tasks of the Federal Police. A further obligation to provide information exists only for the persons responsible pursuant to § § 17 and 18 and under the conditions of § 20 (1) for the persons designated there as well as for the persons for which legal obligations of duty exist, (3) Under the conditions set out in § § 52 to 55 of the Code of Criminal Procedure, the person concerned shall be entitled to refuse access to the information. This shall not apply in so far as the information is required to avert a danger to a person's limb, life or freedom. The person concerned shall be informed of their right to refuse to provide information. Information obtained in accordance with the second sentence may only be used for the purpose specified therein. (4) § 136a of the Code of Criminal Procedure shall apply accordingly. § 12 of the Administrative Enforcement Act shall not apply. Unofficial table of contents

Section 22a-Collection of telecommunications data

(1) In so far as this is necessary for the investigation of the facts or the determination of the place of residence of a person in accordance with the provisions of Article 21 (1) and (2), he or she shall be entitled to receive, or to do so, telecommunications services in business Information about the data collected in accordance with § § 95 and 111 of the Telecommunications Act (§ 113 paragraph 1 sentence 1 of the Telecommunications Act) is required. Where the request for information in accordance with the first sentence relates to data by means of which access to terminal equipment or to storage facilities which are used in these terminals or in a spatially separate way is protected (Section 113 (1) sentence 2 of the (2) The information referred to in paragraph 1 may also be used on the basis of a date allocated at a specific time. Internet protocol address required (Section 113 (1) sentence 3 of the Telecommunications Act). (3) Requests for information pursuant to the second sentence of paragraph 1 may only be ordered by the court at the request of the head of the federal police authority or his representative determined in accordance with Section 58 (1) of the legal regulation. In the event of danger in default, the order may be made by the head of the federal police authority or his representative determined in accordance with Section 58 (1) of the Legal Regulation. In such a case, the judicial decision shall be taken immediately. Sentences 1 to 3 shall not apply if the person concerned is already aware of or has to be informed of the request for information, or if the use of the data is already permitted by a court decision. The existence of the conditions set out in the fourth sentence shall be taken into account. (4) In the cases referred to in the second sentence of paragraph 1 and of paragraph 2, the person concerned shall be notified of the information provided. The notification shall be made as far as and as soon as hereby the purpose of the information is not foiled. It shall not be held unless the overriding legitimate interests of third parties or of the person concerned are contrary to the protection of the person concerned. If the notification is returned in accordance with the second sentence, or apart from it after the third sentence, the reasons are to be taken into account. (5) The person who has business telecommunications services due to a request for information referred to in paragraph 1 or 2 shall be required to provide information on the basis of the information required under paragraph 1 or 2. , or shall be involved in providing the data necessary for the exchange of information without delay. For the compensation of the service providers, § 23 of the Justice Remuneration and Compensation Act is to be applied accordingly. Unofficial table of contents

Section 23 Identity determination and verification of authorization certificates

(1) The Federal Police may determine the identity of a person

1.

to avert a danger,

2.

on police control of cross-border traffic,

3.

in the border area up to a depth of thirty kilometres, in order to prevent or prevent unauthorised entry into the territory of the Federal Republic of Germany or to prevent criminal offences within the meaning of Article 12 (1) (1) to (4),

4.

if the person is in an institution of the Federal Police (Section 1 (3)), an installation or establishment of the Federal Railways (§ 3), an air transport facility or the establishment of a commercial airport (§ 4), the Headquarters of a Federal Police Office (§ 4) Constitutional body or a Federal Ministry (§ 5) or at a border crossing point (§ 61) or in the immediate vicinity thereof, and justify the assumption that offences shall be committed there by which in or to the objects located or those objects themselves are directly at risk, and the identification of the identity due to the hazard situation or to the person-related clues is required; or

5.

on the protection of private rights.

(1a) The border area referred to in paragraph 1 (3) shall extend in the coastal area from the shore of the sea to a depth of 50 kilometres; in addition, only in accordance with the provisions of the second sentence of Article 2 (2) of the Law. (2) To fulfil the tasks in accordance with § 7, the Federal Police may also determine the identity of a person, if

1.

is in one place, in relation to the facts, justifies the assumption that there

a)

Administering, preparing or perpetuating criminal offences, or

b)

hide offenders,

2.

in a transport or supply facility or facility, a public transport system, an office building or any other particularly endangered object or in the immediate vicinity thereof, and the facts justify the assumption that there is a criminal offences by which persons or persons present in or on such objects are themselves directly at risk, and the identification of the identity by reason of the situation of the risk or of the person referred to in the is required, or

3.

is encountered at a control body established by the Federal Police to

a)

offences of major importance, or

b)

Offences within the meaning of Section 27 of the Law of the Assembly

to prevent facts from being committed.

(3) The Federal Police may take the necessary measures to determine the identity. In particular, it may stop the person concerned, ask him about his or her personal data and demand that he hand out identity documents for examination. In the case of police control of cross-border traffic, the Federal Police may also require the person concerned to present border crossing documents. The person concerned may be detained and taken to the office if his or her identity or his entitlement to the crossing of the border cannot be identified in any other way or only under considerable difficulties. Under the conditions set out in sentence 4, the person concerned as well as the items he/she is carrying may be searched for objects that serve the purpose of determining the identity. (4) The Federal Police may, in so far as it may be necessary for the performance of their tasks. (5) The Federal Police may, if the person concerned is obliged, by virtue of a law, to carry out such documents. (5) The Federal Police may be required to provide such documents. require persons to designate a body of the Federal police (§ 1 para. 3) or the official residence of a constitutional body or a federal ministry (§ 5) are to be entered or arrived at in the federal police. Goods carried by the persons referred to in the first sentence may be searched at the time of the entry control, if this is necessary on the basis of the hazard situation or the person-related evidence. Unofficial table of contents

Section 24 Recognition service measures

(1) The Federal Police may carry out recognition service measures if:

1.

an identification of identity permitted under section 23 (1) or (2) is not possible in any other way, or is only possible under considerable difficulties, or

2.

this is necessary for the prevention of criminal offences within the meaning of Article 12 (1), because the person concerned is suspected of having committed such an offence and is at risk of repetition because of the nature or execution of the offence.

(2) If, in the cases referred to in paragraph 1 (1), the identity is established, the documents incurred in connection with the determination shall be destroyed, unless their further storage is required pursuant to paragraph 1 (2) or after others Legislation allowed. If the documents have been sent to other bodies, they shall be informed of the destruction they have been carried out. (3) The identification of the documents shall be in particular:

1.

the removal of finger and hand surface impressions,

2.

the recording of photographs, including image recordings,

3.

the findings of external physical characteristics,

4.

Measurements and

5.

with the knowledge of the person concerned, voting records.

Unofficial table of contents

§ 25 Preloading

(1) The Federal Police may pre-load a person in writing or orally if:

1.

Justifies the assumption that the person may provide relevant information necessary for the performance of a particular task of the Federal Police, or

2.

this is necessary for the implementation of recognition service measures.

(2) The reason for the summons shall be given in the summons. In determining the date of time, the profession and the other circumstances of the person concerned shall be taken into account. (3) In the absence of sufficient reason, a person concerned with the summons shall be forcibly enforced, if

1.

the information is required to avert a risk to a person's limb, life or freedom; or

2.

this is necessary for the implementation of recognition service measures.

(4) In the case of compensation or remuneration of persons who appear on summons as witnesses or who are used as experts, the law on the compensation of justice and the compensation of persons is applicable accordingly. Unofficial table of contents

Section 26 Data collection at public events or collections

(1) The Federal Police may, with or in connection with public events or accumulations at the border or the objects referred to in section 23 (1) No. 4, personal data also by means of the production of image and sound recordings of If facts justify the assumption that, in the event of or in connection with such an event or collection, significant risks to public safety at the border or to the security of the person referred to in Article 23 (1) (2) are justified. shall be created. The survey may also be carried out if third parties are unavoidably affected. (2) In the cases of § 7, the Federal Police also has the powers referred to in paragraph 1 in connection with or in connection with public events or accumulations. outside the premises and objects referred to in the first sentence of paragraph 1, where facts justify the assumption that at or in connection with public events or accumulations of administrative offences of major importance, or (3) Records resulting from paragraphs 1 and 2 and any documents produced therefrom shall be destroyed immediately after the event or collection has ceased, provided that they are not required

1.

for the prosecution of an offence of major importance or of a criminal offence, or

2.

on the prevention of criminal offences in connection with or in connection with meetings, public events or collections, because the data subject is suspected of having prepared or committed such offences and, therefore, the reason for the adoption of such offences is that it will continue to commit such crimes in the future.

The destruction may also be prevented if there has been a disturbance of public security in connection with or in connection with the event or collection and the records are reserved solely for the purpose of police training and training or for the temporary documentation of police action. Personal data are to be anonymized at the earliest possible time. Insofar as anonymization is not possible, records which are used exclusively for the purpose of the documentation shall be destroyed after two months at the latest. (4) The § § 12a and 19a of the Assembly Act shall remain unaffected. Unofficial table of contents

§ 27 Self-employed image recording and recording equipment

The Federal Police can use automatic image recording and image recording devices to

1.

unauthorised border crossings or threats to security at the border, or

2.

Hazards to the objects referred to in § 23 (1) (4) or to persons or property located there

to be recognized. In the cases of sentence 1, point 2, the use of such equipment must be recognisable. Where personal data are recorded in this way, such records shall be destroyed in the cases referred to in the first sentence of 1 No 1 at the latest after two days and in the cases referred to in the first sentence of sentence 1 No 2 at the latest after 30 days, insofar as they are not intended to be used for defence purposes. of a current danger or for the prosecution of a criminal offence or of an offence or of an offence. Unofficial table of contents

Section 28 Special funds for data collection

(1) The Federal Police, having regard to the second sentence of § 70, may collect personal data using the special means referred to in paragraph 2 above.

1.

the persons responsible pursuant to § 17 or § 18 or under the conditions laid down in § 20 (1) of the persons designated there for the prevention of a danger to the stock or to the security of the State or to the body, life or liberty of a person or for the protection of the matters of significant value to be maintained in the public interest, or

2.

the persons referred to in Article 21 (2) for the purpose of preventing criminal offences within the meaning of Article 12 (1) of this Directive, if facts justify the assumption that such a criminal offence is of a commercial, habitual, band or criminal nature; the association is to be committed,

and the prevention of the risk or the prevention of the offence is, in any other way, hopeless or would be significantly impeded. The survey can also be carried out if third parties are inevitably affected. (2) Special data collection is

1.

the planned observation of a person who is scheduled to last for more than twenty-four hours or more than two days (longer term observation),

2.

the use of technical means in a manner which is not visible to the person concerned;

a)

for the production of image recordings or recordings,

b)

for interception or recording of the non-publicly spoken word and

3.

the use of persons who are not members of the Federal Police and whose cooperation with the Federal Police is not known to third parties.

(3) The use of special funds referred to in paragraph 2 may only be ordered by the head of the federal police authority or his representative in accordance with Section 58 (1) of the regulation, except in the case of danger in the default. The order shall be informed, stating the relevant reasons, and shall be limited to a maximum of one month. The extension of the measure requires a new arrangement. In cases referred to in paragraph 2 (1) and (2) (b), the decision on the extension of the measure may be taken only by the judge. The District Court, in whose district the Federal Police Office has its registered office, is responsible for the district court. The procedure shall be governed by the provisions of the Law on the Procedure in Family Matters and in the matters of voluntary jurisdiction. (4) Documents obtained by means of the measures referred to in paragraph 2 above, shall be destroyed without delay, in so far as they are not or no longer necessary for the purposes underlying the order or in accordance with the Code of Criminal Procedure. (5) After the conclusion of the provisions of paragraph 2 (1) and (2) of the Code of Criminal Procedure (b) measures referred to in point (b) shall be the person against which the measure has been placed; , as soon as this can be done without endangering the purpose of the measure or public security. The information provided by the Federal Police shall not be provided if, on account of the triggering facts, a criminal investigation is carried out against the person concerned and would be jeopardised by the provision of information for the purpose of the investigation; the Decision is made by the public prosecutor.

Part 2
Data processing and data usage

Unofficial table of contents

§ 29 Storage, modification and use of personal data

(1) The Federal Police may store, modify and use personal data in so far as this is necessary for the performance of their respective tasks. Furthermore, it may store, modify and use personal data insofar as this is necessary for the execution of special requests pursuant to Section 17 (2) of the German Federal Constitutional Protection Act. The storage, modification and use may only be made for the purpose for which the data have been obtained. The storage, modification and use for a different purpose is permissible, provided that the Federal Police are likely to collect the data for this purpose under this law or any other legislation. If personal data have been collected with the special means of Section 28 (2), their use for a different purpose is only permissible insofar as this is necessary for the defence of a significant danger; the provisions of the criminal procedure (2) The Federal Police may, unless otherwise provided by law, provide personal data which it acquires in the course of the performance of the police duties in the field of prosecution of a person suspected of a criminal offence. has to store, modify and use in files, as far as this is intended to prevent hazards in Framework of the tasks of the Federal Police, or for the purposes of future criminal proceedings, is required for criminal offences within the meaning of § 12 para. 1. In accordance with sentence 1, the Federal Police

1.

the personal data and, where necessary, other characteristics suitable for identification,

2.

the criminal code-leading office of the Federal Police and the criminal act number,

3.

the tides and the crime scenes, and

4.

the accusation of the offences by indicating the legal provisions and the name of the offences

storing, modifying, and using files. Further personal data may only be stored, changed and used by the Federal Police in accordance with the first sentence, to the extent that this is necessary.

1.

for the self-assurance of officials or for the protection of the person concerned or

2.

because of the nature or execution of the act, the personality of the person concerned or any other evidence, there is reason to believe that further criminal proceedings against him are to be carried out for offences within the meaning of Section 12 (1).

If the accused is acquitted in a legally binding manner, the opening of the main proceedings against him is rejected unquestionably, or the proceedings are not only provisionally set, the storage, modification and use is inadmissible if for the reasons (3) The Federal Police may provide personal data of such persons, who may be considered as witnesses in the event of a future prosecution, as well as of the provisions of § 21 para. 2 no. 2 persons, whistleblowers and other persons of information other than to the To prevent a risk from being stored, changed and used in files only if there is evidence that this is a matter of significant importance for the prevention of criminal offences within the meaning of Section 12 (1) or for the purposes of future criminal proceedings for such offences Offences are required. The storage referred to in the first sentence shall be limited to the data referred to in the second and second sentence of paragraph 2 and to the information on the person's property and the facts in which the data is stored. Personal data relating to witnesses in accordance with the first sentence may only be stored with the consent of the person concerned. (4) If evaluations are stored in files, it must be possible to determine the position at which the documents are conducted, which are the evaluation of the data. (5) The Federal Police may store personal data relating to the administration of the proceedings or to the temporary documentation of the police action and use it exclusively for this purpose. Paragraphs 1 to 3 shall not apply. (6) The Federal Police may use personal data stored in accordance with paragraphs 1 and 5 for the purpose of police training and training. The data are to be anonymized at the earliest possible time. Anonymization can be prevented if it is only possible with disproportionate effort or if the purpose of training and further training with anonymized data cannot be reached and the legitimate interests of the person concerned are in each case not achieved. The confidentiality of the data does not appear to outweigh the data. Unofficial table of contents

Section 30 Call for tenders for the notice

(1) The Federal Police may provide personal data, in particular the personal data of a person, the official registration number of the motor vehicle used or used by it, and, unless otherwise provided by law, the serial number of the motor vehicle used by the Federal Police. Write out your ID or view note and save it in a file (call for notice on the border charge). The Federal Ministry of the Interior shall determine the details of the type of data which may be stored in the invitation to tender for border control in accordance with the first sentence. (2) The invitation to tender for the tendering procedure shall be admissible for the purpose of:

1.

detention, if the person can be taken into custody in accordance with section 39, their stay is not known and can be assumed to be encountered in the control of international traffic,

2.

border police inspection where facts justify the assumption that the person's review of the control of international transport is necessary in order to:

a)

to avert a significant risk,

b)

to dispel or confirm reasonable doubt as to the authority of the person to cross the border; or

c)

determine the arrival of the person who is deemed to be missing, or

3.

the refusal or refusal of exit, provided that such measures are admissible on the basis of legal provisions on foreign law.

(3) The Federal Police may, on the initiative of another public body, issue a person or a matter for the purpose of border control for the purposes referred to in paragraph 2, if the body responsible is empowered under the law applicable to it; to carry out the measure, as appropriate, or to have it carried out by a police authority. The office responsible shall be responsible for the admissibility of the measure. It has the appropriate measure and the scope and duration of the call for tenders. (4) The storage in the file for the border control is carried out by the federal police authority determined in accordance with Section 58 (1) of the legal regulation. The authorisation to retrieve data in the automated procedure from the file for the border control may only be granted to the authorities responsible for the exercise of police checks on cross-border traffic. (5) The Federal Police may further include personal data of the type referred to in paragraph 1 in the automated procedure in the stock of the police information system for the purpose of the detention, residency or review of the Enter the person if it is authorized under the provisions of this Act, to carry out the action taken by the invitation to tender itself or to have it carried out by means of an authorized body for the retrieval of the data in the automated procedure. Unofficial table of contents

Section 31 Call for tenders for border police observation

(1) The Federal Police may prescribe personal data of the kind referred to in the first sentence of Article 30 (1) and save it in the file for the border control, in order to ensure that the data relating to the exercise of the police control of the The authorities responsible for cross-border transport shall provide information on the place and time of arrival of the person, of any accompanying person, of the motor vehicle and of the driver of the motor vehicle, as well as of the travel and destination of the vehicle, and of the circumstances and circumstances of the Report when they are identified on occasion of border police control (invitation to tender for border police observation). The Federal Ministry of the Interior shall determine the nature of the data which may be stored in accordance with the first sentence in the invitation to tender for border police observation by means of a regulation of the law. (2) The call for tenders for border police Observation shall be permitted only if:

1.

-it is to be expected that the person and the offences committed so far will be responsible for all offences within the meaning of Section 12 (1) of this Directive, or

2.

Justify the assumption that the person will commit such offences,

and border police surveillance is required to prevent these offences. (3) The alert for border police observation may only be issued by the head of the federal police authority in accordance with Section 58 (1) of the Legal Regulation, or Its representatives are arranged. The order is to be made subject to the relevant reasons. (4) The order shall be limited to a maximum of six months. At the latest after three months has elapsed, it is necessary to check whether the conditions for the order still exist. The result of this examination is to be informed. The extension of the term beyond a total of six months requires a judicial order. The District Court, in whose district the Federal Police Office has its seat in accordance with the first sentence of paragraph 3, shall be responsible. § 28 (3) sentence 6 shall apply. (5) The conditions for the order no longer exist, if the purpose of the measure is reached or if it becomes apparent that it can no longer be reached, the invitation to tender shall be deleted immediately. (6) § 30 (3) (b) 4 shall apply. (7) Insofar as persons are appointed in special requests pursuant to Section 17 (2) of the Federal Constitutional Protection Act, their data may be sent to the requesting authority in accordance with the provisions of paragraph 1 of this Article by means of the provisions of the Legal Regulation pursuant to § 58 1 determined by the federal police authority and for this purpose in the case of the border police § 30 (4) sentence 2 shall apply. Calls for tenders shall be limited to a maximum of six months. The extension of the term shall require a renewed request. Unofficial table of contents

Section 31a Transfer of PNR data

(1) For the purpose of carrying out the tasks pursuant to § 2 (2) sentence 1 (2) and § 12 (1) sentence 1 (1) no. 1 to 3, air carriers transporting passengers via the Schengen external borders to the territory of the Federal Republic of Germany shall have the right to order in accordance with the provisions of the legal regulation to collect the data referred to in paragraph 3 in the documents carried out by the passengers in accordance with Section 58 (1) of the Federal Police Office. As soon as the acceptance of the passengers for the flight concerned is closed, the air carriers shall immediately transmit the data collected to the Federal Police Agency, determined in accordance with Article 58 (1) of the Regulation. (2) Order and Transmission is carried out by means of remote data transmission; the data format determines the federal police authority determined in accordance with Section 58 (1) of the legal regulation. Transmission by other means is only permitted, exceptionally, only if a remote data transmission is not possible in individual cases. (3) The total number of passengers carried is to be transmitted for the flight in question. In addition, the following data shall be collected and transmitted for each passenger:

1.

the surname and the first names,

2.

the date of birth,

3.

gender,

4.

nationality,

5.

the number and type of travel document carried,

6.

the number and the issuing State of the required residence permit or airport transit visa,

7.

the border crossing point provided for entry into the territory of the Federal Republic of Germany;

8.

the flight number,

9.

the scheduled departure and arrival time, and

10.

the original departure point as well as the flight route booked, as far as this arises from the booking documents submitted or available.

(4) In the event of acceptance, the air carriers shall inform passengers in each case that the above-mentioned data for the purposes of border control of the federal police authority determined in accordance with Section 58 (1) of the legal regulation shall be electronically and shall be stored in accordance with paragraph 5. (5) The data shall be deleted from the air carriers 24 hours after their transmission. The data received by the Federal Police Department, determined in accordance with Article 58 (1) of the Legal Regulation, shall be deleted 24 hours after the entry of the passengers of the relevant flight, provided that they are not intended to fulfil tasks pursuant to § 2 para. 2 sentence § § § 63 and 64 of the Residence Act remain unaffected. Unofficial table of contents

Section 32 Transfer of personal data

(1) The Federal Police may transmit personal data to the authorities of the police execution service and, if they carry out tasks pursuant to § 2 para. 2 or tasks in the field of law enforcement, to the authorities of the customs administration, to the extent that this is necessary for the performance of the police. police tasks are required. This also applies to the transfer of personal data between the authorities of the Federal Police. (2) The Federal Police may submit personal data to other domestic public bodies, as far as this is necessary.

1.

Fulfilling one of their tasks,

2.

Prevention of dangers,

3.

To prevent a serious impairment of the rights of individuals,

4.

Prosecution of criminal offences or administrative offences, criminal enforcement and the execution of sentences, or

5.

To do special requests pursuant to Section 17 (2) of the German Federal Constitutional Protection Act.

(3) The Federal Police may transmit personal data to public authorities of other States, as well as to national or intergovernmental bodies, to the extent that this is necessary for:

1.

the performance of a task assigned to it, or

2.

Prevention of a significant risk or the prevention of criminal offences of significant importance by the recipient.

(4) The Federal Police may transmit personal data to non-public bodies, insofar as this is indispensable.

1.

the performance of a task assigned to it, or

2.

To prevent a serious impairment of the rights of individuals.

(5) Special legislation relating to the transfer of personal data shall remain unaffected. Unofficial table of contents

Section 32a Transfer of personal data to Member States of the European Union

(1) In response to a request from a police authority or any other public authority of a Member State of the European Union responsible for the prevention and prosecution of criminal offences, the Federal Police may provide personal data for the purpose of: the prevention of criminal offences. The transmission of such data shall be subject to the rules on the transmission of data in the national domain. (2) The transfer of personal data referred to in paragraph 1 shall be admissible only if the request has at least the following information: contains:

1.

the name and address of the applicant authority,

2.

the name of the offence for which the data are required to be contravened;

3.

the description of the facts on which the request is based,

4.

the designation of the purpose for which the data will be requested,

5.

the relationship between the purpose for which the information or findings are requested and the person to whom this information relates,

6.

details of the identity of the person concerned, provided that the request relates to a known person; and

7.

Reasons for the assumption that relevant information and findings are available in Germany.

(3) The Federal Police may also transmit personal data to a police authority or any other public body of a Member State of the European Union responsible for the prevention and prosecution of criminal offences without a request, if in the The risk of committing an offence within the meaning of Article 2 (2) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States (OJ L 201, 31.7.2002, p. 1), which was last amended by Framework Decision 2009 /299/JHA (OJ L 327, 18.12.2009, p. 24), and there is concrete evidence that the transmission of such personal data could contribute to preventing such a crime. For the transmission of these data, the rules on the data transfer in the national sphere shall apply. (4) The admissibility of the transfer of personal data by the Federal Police to a police authority or any other in the case of a Member State of the European Union responsible for the prevention and prosecution of criminal offences, on the basis of Section 32 (3) or of special agreements under international law shall remain unaffected. (5) As a police authority or other competent authorities responsible for the prevention and prosecution of criminal offences A public body of a Member State of the European Union within the meaning of paragraphs 1 and 3 shall apply to any body designated by that State in accordance with Article 2 (a) of the Council Framework Decision 2006 /960/JHA of 18 December 2006 on the simplification of the Exchange of information and intelligence between the law enforcement authorities of the Member States of the European Union (OJ L 327, 28.4.1999, p 26). (6) Paragraphs 1 to 5 shall also apply to the transmission of personal data to police authorities or other persons responsible for the prevention and prosecution of criminal offences. competent public authorities of a Schengen-Associated State within the meaning of Article 91 (3) of the Law on International Mutual Assistance in Criminal Matters. Unofficial table of contents

Section 33 Supplementary arrangements for transmission

(1) The responsibility for the admissibility of the transmission shall be borne by the Federal Police. If the transmission takes place on the basis of a request from a public authority of the Federal Republic of Germany, it shall bear the responsibility. In this case, the Federal Police shall only examine whether the request is within the scope of the tasks of the recipient, unless there is a special reason to check the admissibility of the transmission. (2) The Federal Police have reason, content, addressee and day to record the transmission. In the case of Section 32 (4), the Federal Police shall have proof that the information referred to in the first sentence and the file reference number are to be shown. The evidence shall be kept separately, shall be secured against unauthorised access and shall be destroyed at the end of the calendar year following the year of its preparation. As long as proof is required for the purposes of data protection control or there is reason to believe that in the event of destruction the interests of the person concerned would be adversely affected, the destruction shall not be destroyed. Article 35 (6) sentence 2 shall apply mutas. (3) The transmission shall not be transmitted if it is apparent to the Federal Police that, taking into account the nature of the data and its collection, the interests worthy of the person concerned shall be subject to the general interest in the Transmission predominate. The transmission in the cases referred to in § 32 (3) shall also be subject to the protection-worthy interests of the data subject in the individual case, including taking into account the particular public interest in the transmission of data in the individual case. Exclusion of transmission outweighs the transmission. The legitimate interests of the data subject also include the existence of a reasonable level of data protection in the recipient country. The legitimate interests of the data subject can also be safeguarded by ensuring that the recipient State or the receiving national or national body ensures adequate protection of the data transmitted on a case-by-case basis. Where assessments are submitted, it must be possible for the recipient to determine the position at which the documents on which the evaluation is based. (3a) The data transfer in accordance with Article 32a (1) and (3) shall not exceed the provisions referred to in paragraph 3. Reasons beyond that even if

1.

this would impair the essential security interests of the federal or state governments,

2.

the transmission of data to the principles set out in Article 6 of the Treaty on European Union would be contrary to the principles laid down in Article 6 of the Treaty,

3.

the data to be transmitted does not exist in the requested authority and can only be obtained by the taking of coercive measures; or

4.

the transmission of the data would be disproportionate or the data is not necessary for the purposes for which it is to be transmitted.

(3b) The data transmission in accordance with Article 32a (1) and (3) may also be subject to the following conditions:

1.

the data to be transmitted do not exist in the Federal Police, but can be obtained without the use of coercive measures,

2.

This would endanger the success of an ongoing investigation or limb, life or freedom of a person, or

3.

the offence to which the data are to be transmitted shall be punishable under German law with a maximum term of imprisonment of a maximum of one year or less.

(4) If personal data, which may be transmitted in accordance with § 32 (1) and (2), further personal data of the person concerned or of a third party in files are linked in such a way that separation is not possible or can only be done with disproportionate effort. , the transmission of such data shall also be permitted, unless the legitimate interests of the person concerned or of a third party in the secrecy of secrecy are manifestly outweighed. The use of this data is inadmissible. (5) In the cases of § 32 (2) to (4), the transmission of data subject to § 41 or § 61 of the Federal Central Register Act must not be extended to an extension of the circle of the bodies designated there. . The prohibition of exploitation according to § § 51, 52 and 63 of the Federal Central Register Act must be observed. (6) The recipient may use the transmitted personal data only for the purpose for which they have been transmitted to it. In the case of transfers pursuant to § 32 (3) and (4), the Federal Police shall inform the addressee of this. In the cases referred to in § 32 (3), he shall be informed of the date of erasure provided for by the Federal Police. A use for a different purpose is permissible, provided that the data may also have been transmitted for this purpose and in the cases referred to in § 32 (3) and (4) the Federal Police has agreed. (7) The establishment of an automated Procedure, which allows the transfer of personal data from a file run by the Federal Police by retrieval, is permissible in accordance with § 10 para. 2 to 4 of the Federal Data Protection Act, insofar as this form of data transmission under Taking into account the legitimate interests of the persons concerned in view of the large number of Transfer or due to their particular urgent need for urgent action. The right to call may only be granted to those designated in § 32 (1) unless otherwise specified by law. (8) The establishment of an automated retrieval procedure pursuant to paragraph 7 for a duration of more than three months, the Federal Police shall, on an average of every tenth call for the purposes of data protection control, have the date, the information enabling the identification of the retrieved data records and the service responsible for the retrieval to log. The data logged may only be used for the purposes of data protection control, data protection or for ensuring the proper operation of the data processing system, unless there is evidence to suggest that without their use would be indiscriminately or significantly more difficult to prevent or prosecuve a serious offence against the body, life or freedom of a person. The log data is to be deleted after twelve months. The Federal Police shall take the technical and organisational measures in accordance with § 9 of the German Federal Data Protection Act. Unofficial table of contents

§ 33a Use of data transmitted in accordance with Council Framework Decision 2006 /960/JHA

(1) Data submitted to the Federal Police pursuant to Framework Decision 2006 /960/JHA may only be used for the purposes for which they have been transmitted or for the purpose of averting a current and significant risk to public security shall be used. For a different purpose or as evidence in a judicial proceeding, they may only be used if the overruling state has consented to it. (2) The Federal Police shall, at the request of the notified State, provide information on how the data transmitted shall be used for the purposes of the data protection control. have been used. Unofficial table of contents

§ 34 Reconciliation of personal data

(1) The Federal Police may compare personal data with the content of files which it leads to the performance of the tasks assigned to it or for which it has permission to retrieve it,

1.

on police control of cross-border traffic, or,

2.

if there is reason to believe that this is necessary for the performance of another task of the Federal Police.

The Federal Police can also settle personal data with the collection of files within the framework of its task performance. The person concerned can be held responsible for the duration of the match. (2) Legislation on the reconciliation in other cases shall remain unaffected. Unofficial table of contents

Section 35 Correction, erasure and blocking of personal data

(1) The Federal Police have to correct personal data stored in files if they are incorrect. If it finds the inaccuracy of personal data in files, this must be noted in the file or recorded in other ways. If the data subject denies the accuracy of stored data and neither the correctness nor the incorrectness can be ascertained, the data must be marked accordingly. (2) The Federal Police has stored personal data stored in files. delete if

1.

the storage of the data is inadmissible; or

2.

in the case of a review to be carried out in accordance with certain deadlines or on the occasion of a case-by-case processing, it is determined that the knowledge of the data is no longer necessary for the performance of the tasks of the Federal Police.

(3) The time limits referred to in paragraph 2 (2) shall be laid down in the establishment order (§ 36). They may not exceed ten years in adults, five years in the case of young people and two years in the case of children, with a distinction between the purpose of storage and the nature and severity of the facts. The time limits shall begin on the date on which the last event occurred, which resulted in the storage but not before the person concerned was dismissed from a prison or an end of a measure of detention linked to deprivation of liberty (4) Personal data of the persons referred to in § 21 para. 2 no. 2, whistlebloc providers and other persons of information can only be stored for the duration of one year. The storage for each additional year shall be permitted, provided that the requirements of § 29 (3) are still available. The main reasons for the maintenance of storage are to be informed. The storage may not exceed a total of three years. (5) If the Federal Police establishes a reason for the deletion of personal data in the case of personal data in accordance with paragraph 2, it shall block the data by applying a corresponding endorsement. The file shall be destroyed if it is no longer necessary in order to fulfil the tasks of the Federal Police. (6) The deletion and destruction shall not be required if:

1.

The reason for the assumption is that otherwise the interests of the person concerned would be adversely affected,

2.

the data are needed for ongoing research, or

3.

deletion is not possible, or is only possible with disproportionate effort, because of the special nature of the storage or destruction of the file.

In such cases, the data shall be blocked and the documents shall be marked with a corresponding blocking note. For cases of sentence 1, no. 2, § 29 (6) sentence 2 shall apply. (7) The data shall be used only for the purpose for which they have been blocked or in so far as this is necessary in order to remedy an existing lack of evidence or to ward off a significant amount of evidence. (8) If it is established that incorrect personal data to be deleted or blocked due to inadmissibility of the storage has been transmitted, the recipient shall be notified of the correction, deletion or blocking if: this is necessary for the protection of the interests of the person concerned. (9) Instead of the erasure and destruction referred to in paragraph 2 (2) and (5) sentence 2, the data media shall be submitted to the competent archive, provided that these documents are of permanent value within the meaning of Section 3 of the Federal Archives Act. Unofficial table of contents

Section 36 Order

(1) The Federal Police shall determine, for each automated file containing personal data, conducted in accordance with § § 1 to 7 for the purpose of carrying out the tasks in accordance with § § 1 to 7, in an order of establishment which requires the approval of the Federal Ministry of the Interior:

1.

Name of the file,

2.

Legal basis and purpose of the file,

3.

group of people over which data is stored,

4.

Types of personal data to be stored,

5.

Types of personal data used to access the file,

6.

Delivery or input of the data to be stored,

7.

conditions under which stored personal data are transmitted to which recipients and in what procedure,

8.

Test rists and storage periods,

9.

Logging.

(2) Before the order is issued, the Federal Commissioner for Data Protection shall be consulted. The order may be issued provisionally if the prior hearing is not possible due to the urgency of the fulfilment of the tasks. (3) At reasonable intervals, the need to continue or modify the files must be reviewed. Unofficial table of contents

§ 37 Application of the Federal Data Protection Act

§ 3 (2) and 8 (1), § 4 (2) and (3), § § 4b, 4c, 10 (1), § § 13, 14 (1), 2 and 5, § § 15, 16, 18 (2) sentence 2 and 3, and § § 19a and 20 of the German Federal Police Office (Bundespolizei) are fulfilled. Federal Data Protection Act is not an application.

Part 3
Space referral, custody, search

Unofficial table of contents

§ 38 Placement

The Federal Police may temporarily refer a person from a place to avert a danger or temporarily ban the person from entering a place. Unofficial table of contents

Section 39 custody

(1) The Federal Police may take a person into custody if this

1.

necessary for the protection of the person against a danger to life or limb, in particular because the person is identifiable in a state of freedom of determination or otherwise in a helpless situation,

2.

is indispensable in order to enforce a place instruction in accordance with § 38, or

3.

is indispensable in order to prevent the imminent observance or continuation of a criminal offence or of an administrative offence of considerable importance to the general public.

(2) The Federal Police may take into custody minors who have been unlawfully revoked or withdrawn from the custody of the person entitled to the custody of the person, so that they may be admitted to the custody or to the youth welfare office. (3) The Federal police may be a person who has escaped from the execution of pre-trial detention, imprisonment, juvenile punishments or custodial measures of improvement and security, or otherwise without permission from outside the prison. or of an institution in accordance with § § 63 and 64 of the Criminal Code, in Take custody so that it can be returned to the Anstalt. (4) The Federal Police may take a person into custody in order to comply with a request that has a deprivation of liberty. Unofficial table of contents

Section 40 Judicial decision

(1) If a person is detained on the basis of § 23 (3) sentence 4, § 25 (3), § 39 (1) or (2) or § 43 (5), the Federal Police shall immediately make a judicial decision on the admissibility and the continuation of the deprivation of liberty (2) In the case of the decision referred to in paragraph 1, the Court of Appeal shall be responsible for the decision referred to in paragraph 1, in which: whose district the person is being held. The proceedings are governed by Book 7 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction. (3) In the case of Section 39 (4), the requesting authority of the Federal Police, together with the request, also has the following: to submit a judicial decision on the admissibility of deprivation of liberty. If a previous judicial decision has not been taken, the Federal Police has to dismiss the detained person if the applicant authority does not accept it or if the judicial decision does not apply for retrospection immediately. Unofficial table of contents

Section 41 Treatment of detained persons

(1) If a person is detained on the basis of § 23 (3) sentence 4, § 25 (3), § 39 or § 43 (5), you must immediately disclose the reason for this measure and the admissible legal remedies. (2) The detained person shall be immediately immediately informed. To give an opportunity to notify a family or a person of their trust, insofar as this does not endanger the purpose of deprivation of liberty. The Federal Police shall take over the notification if the detained person is not in a position to exercise the right to sentence 1 and the notification does not contradicts their presumed will. If the person held is a minor or is a carer for whom he or she is a child, the person responsible for the person or the care of the person in accordance with the duties assigned to him shall be immediately notified of the person concerned. The obligation to notify in the case of a judicial deprivation of liberty remains unaffected. (3) The detained person shall not be accommodated in the same room with criminal or investigative prisoners, in particular without their consent. . Men and women are to be accommodated separately. The detained person may only be subject to such restrictions as may be required for the purpose of deprivation of liberty or order in custody. Unofficial table of contents

§ 42 Duration of the deprivation of liberty

(1) The detained person shall be dismissed;

1.

as soon as the reason for the measure has been dropped,

2.

if the continuation of the deprivation of liberty is declared inadmissible by a judicial decision,

3.

in any case at the latest by the end of the day after the date of seizance, unless the continuation of the deprivation of liberty by a judicial decision has not been previously arranged.

The continuation of the deprivation of liberty may be ordered by a judicial decision only in the cases of § 39 (1) No. 3, if a criminal offence is committed in accordance with § § 125, 125a of the Criminal Code or a Community law , as provided for in Section 240 of the Criminal Code, there is evidence that the person concerned has participated or wanted to participate in such a criminal offence and without the deprivation of liberty of a continuation of the Behaviour is to be expected. The decision shall determine the maximum permissible duration of deprivation of liberty; it shall not exceed four days. (2) A deprivation of liberty for the purpose of establishing the identity shall not exceed a total duration of twelve hours. . Unofficial table of contents

§ 43 Search of persons

(1) The Federal Police may, except in the cases of Section 23 (3) sentence 5, search a person if:

1.

it may be held in accordance with this law or any other legislation,

2.

Justifies the assumption that it carries with it matters which may be guaranteed,

3.

it is recognizable in a state of the free will or otherwise in a helpless position, or

4.

in an object within the meaning of section 23 (1) (4) or in the immediate vicinity thereof, and if facts justify the assumption that criminal offences are to be committed there, by the persons or persons present in or on such objects; objects themselves are directly at risk, and the search is required on the basis of the hazard situation or on the person-related clues.

(2) In order to carry out the tasks according to § 7, the Federal Police may also search a person if it

1.

shall be held at one of the places referred to in Article 23 (2) (1), or

2.

in an object within the meaning of section 23 (2) (2) or in the immediate vicinity thereof, and in which facts justify the assumption that offences are to be committed in or on such objects by means of the objects located in or on those objects. Persons or these objects themselves are directly at risk, and the search is necessary due to the danger situation or to the person-related clues.

(3) The Federal Police may search a person whose identity is to be established under this law or other legislation, in accordance with arms, explosives and other dangerous objects, if, in the circumstances, to protect him or her of the official of the Federal Police, of the person himself or of a third party against a danger to life or limb. (4) Persons may only be searched by persons of the same sex or by doctors; this shall not apply if the immediate Search for protection against a danger to life or limb is required. (5) The The person may be detained and taken to the office if the search cannot be carried out in any other way or only under considerable difficulties. Unofficial table of contents

§ 44 Search of things

(1) The Federal Police may, except in the cases of section 23 (3) sentence 5 and (5) sentence 2, search one thing if:

1.

it is carried by a person who may be searched in accordance with section 43;

2.

Facts justifying the assumption that there is a person in it who

a)

be allowed to be taken into custody,

b)

shall be illegally detained, or

c)

is helpless,

3.

Justify the assumption that there is another matter in it which may be seized, or

4.

it is located in an object within the meaning of section 23 (1) (4) or in the immediate vicinity thereof, and the facts justify the assumption that offences are to be committed in or on these objects by means of the objects located in or on those objects. Persons or these objects themselves are directly at risk, and the search is required on the basis of the hazard situation or on the matter of related clues.

(2) In the border area up to a depth of thirty kilometres, the Federal Police may also be responsible for preventing or preventing illegal entry into the territory of the Federal Republic of Germany or for the prevention of criminal offences within the meaning of Article 12 (1) (1) (1) to (4). search. The border area referred to in the first sentence shall extend in the coastal area from the seeward limit to a depth of 50 kilometres; moreover, only in accordance with the provisions of the ordinance on the legal provisions of § 2 para. 2 sentence 2. (3) the Federal Police can also search a thing if

1.

it is located at one of the places referred to in Article 23 (2) (1),

2.

it is located in an object within the meaning of section 23 (2) (2) or in the immediate vicinity thereof and that facts justify the assumption that criminal offences are to be committed there, by the persons in or on those objects, or by the persons who are objects themselves are directly at risk, and the search is required on the basis of the hazard situation or on the matter of related clues, or

3.

it is a land, water or aircraft in which a person is located whose identity may be determined in accordance with Article 23 (2) (3); the search may also extend to the goods contained in the vehicle.

(4) In the search for goods, the holder of the actual violence shall have the right to be present. If he is absent, his representative or another witness shall be brought in. The holder of the actual violence shall, on request, be issued with a certificate of search and the reason for that search. Unofficial table of contents

Section 45 Entry and search of apartments

(1) The Federal Police may enter and search an apartment without the consent of the holder, if:

1.

Justify the assumption that there is a person in it who may be brought into custody pursuant to section 25 (3) or taken into custody in accordance with § 39,

2.

Justify the assumption that there is one thing in it that may be seized pursuant to § 47 no. 1, or

3.

this is necessary to avert a present danger for the body, life or freedom of a person, or for matters of significant value.

The apartment comprises the residential and ancessional spaces, working, operating and business premises as well as other satisfactory possessions. (2) During the night period (§ 104 (3) of the Criminal Procedure Code), entering and searching an apartment is only in the cases of the (3) Apartments may, however, be entered at any time in order to prevent or prevent unauthorised entry into the territory of the Federal Republic of Germany where facts justify the assumption that experience has shown that:

1.

Administering, preparing or carrying out offences within the meaning of section 12 (1) no. 2 and 3

2.

hide persons who have committed such offences, or

3.

meet people without the required residence permit.

(4) In order to carry out the tasks in accordance with § 7, the Federal Police may enter dwellings for the prevention of urgent risks at any time, if facts justify the assumption that experience has shown that:

1.

Administering, preparing, perpetuating or committing crimes

2.

hide offenders.

(5) Work, operating and business premises, as well as other spaces and land which are accessible to the public, may be used for the purpose of security within the framework of the tasks assigned to the Federal Police during the work, business or Enter the residence time. Unofficial table of contents

§ 46 Procedure in the search of apartments

(1) searches may only be arranged by the judge, except in the case of danger in default. The district court, in whose district the apartment is located, is responsible. The proceedings shall be governed by the provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction. (2) In the search for a dwelling, the owner of the housing shall have the right to be present. be. If it is absent, it shall, if possible, be accompanied by his representative or an adult, house-comrade or neighbour. (3) The owner or his representative shall be immediately informed of the reason for the search, insofar as this is the case. The purpose of the measures is not to be compromised. (4) The search is to be completed by means of a copy. It must contain the responsible service, the reason, the time and place of the search. The minutes shall be signed by a requesting official and by the owner of the housing or by the person who has been granted. If the signature is refused, a note shall be entered in this case. A copy of the minutes shall be issued to the owner of the apartment or his representative on request. (5) It is not possible or would not be possible to make a copy or a copy of a copy in accordance with the particular circumstances of the case. if they endanger the purpose of the search, the owner of the apartment or the person added shall be confirmed in writing only with the indication of the responsible service and the time and place of the search.

Part 4
Supplementary provisions

Unofficial table of contents

§ 47 Ensure

The federal police can make one thing,

1.

to ward off a present danger,

2.

to protect the owner or the legitimate owner of the actual force from loss or damage to a cause; or

3.

if it is carried by a person who is detained in accordance with this law or other legislation, and the object may be used to:

a)

to kill or to hurt themselves,

b)

to harm the life or health of others,

c)

to damage foreign objects, or

d)

to allow or to facilitate the escape of another person.

Unofficial table of contents

Section 48 Preservation

(1) Insured items shall be taken into custody. If the nature of the goods does not permit or appears to be inappropriate in the Federal Police, the items shall be kept or secured in other appropriate ways. In this case, the safekeeping can also be transferred to a third party. (2) A certificate must be issued to the person concerned, which indicates the reason for the assurance and identifies the items that have been secured. If, in the circumstances of the case, a certificate cannot be issued, a record shall be recorded on the freezing order, which shall also indicate the reasons why a certificate has not been issued. The owner or the legitimate owner of the actual force shall be informed immediately. (3) If a seized property is kept, the Federal Police shall, as far as possible, prevent impairment of value. This shall not apply if the object is held by the third party at the request of an authorized person. (4) The goods are to be recorded and marked in such a way that confusion is avoided. Unofficial table of contents

§ 49 Recycling, Destruction

(1) The recovery of a seized item shall be permitted if:

1.

their spouse or a significant reduction in value,

2.

their custody, care or maintenance is associated with disproportionately high costs or difficulties,

3.

because of their nature, they cannot be kept in such a way as to prevent further risks to public security or order;

4.

it cannot be issued to a person entitled after a period of one year, without the conditions of the freezing order being re-entering, or

5.

the person concerned does not collect it within a reasonable period of time, despite the fact that a notice has been sent to him on the time limit with the indication that the case will be recovered if it is not collected within the time limit.

(2) The person concerned, the owner and other persons who are entitled to the cause shall be heard before the exploitation. The arrangement and the time and place of the utilization shall be communicated to them, insofar as the circumstances and the purpose of the measures permit. (3) The matter shall be used by public auction; § 979 (1) of the Civil Code shall apply accordingly. If the auction remains unsuccessful, it appears to be hopeless from the outset or if the cost of the auction is expected to exceed the expected proceeds, the matter can be sold free-handed. The proceeds will replace the reprehensed thing. If a buyer cannot be found within a reasonable period of time, the object may be supplied to a non-profit-making purpose. (4) Safeguards which have been seized can be rendered unusable or destroyed if:

1.

in the case of recovery, the reasons for which they would be justified, continued or re-established, or

2.

the recovery is not possible for other reasons.

Paragraph 2 shall apply accordingly. Unofficial table of contents

§ 50 issuing of seized goods or the proceeds, costs

(1) As soon as the conditions for ensuring have been removed, the items shall be returned to the person at which they have been seized. If it is not possible for it to be published, it may be issued to another person who makes his or her right to be credited. The publication shall be excluded if the conditions for a guarantee would once again arise. (2) If the goods have been used, the proceeds shall be released. If a beneficiary does not exist or is not to be determined, the proceeds shall be deposited in accordance with the provisions of the Civil Code. The right to release the proceeds shall lapse three years after the end of the year in which the object has been recovered. (3) The costs of the freezing and custody shall be borne by those responsible under § 17 or § 18. Several responsible persons are liable as total debtors. The delivery of the item may be made subject to payment of the costs. If one thing has been recovered, the costs can be covered from the proceeds. The costs can be recovered in the administrative enforcement proceedings. (4) § 983 of the Civil Code remains unaffected.

Section 3
Damage compensation

Unofficial table of contents

Section 51 In order to compensate for mandatory facts

(1) Someone suffers

1.

as a result of a lawful use in accordance with Article 20 (1) or

2.

by means of a measure pursuant to section 62 (1)

(2) Paragraph 1 shall apply mutatily if a person is

1.

as a result of an unlawful measure, or

2.

as an uninvolved third party

(3) The compensation of the damage shall also be granted to persons,

1.

who, with the consent of the competent authority, have voluntarily participated in the performance of the duties of the Federal Police or have provided things,

2.

who have been appointed in accordance with Section 63 (2) on auxiliary police officers

(4) Any further claims for compensation, in particular from the breach of the official duties, shall remain unaffected. Unofficial table of contents

Section 52 Content, nature and extent of compensation

(1) The compensation in accordance with § 51 shall in principle only be granted for property damage. Compensation for lost profit beyond the default of ordinary earnings or usage charges and for disadvantages which are not directly related to the official measure shall be compensated only if and (2) In the event of injury to the body, to health or to freedom, the damage which is not property damage shall be compensated by a cheap compensation. (3) The compensation shall be is granted in money. If the measure which is to compensate for the compensation has the effect of cancellation or reduction of the earning capacity or a multiplication of the needs or loss or impairment of a right to maintenance, the compensation shall be determined by the payment of the of a pension. Section 760 of the Civil Code shall apply. Instead of the pension, a severance payment in capital can be required if there is an important reason. The claim is not excluded by the fact that another has to be provided to the injured party. (4) Any claims against third parties to the injured party shall be such as to the extent to which such claims shall be subject to the content and extent of the compensation claim. (5) In the assessment of the compensation, all circumstances must be taken into account, in particular the nature and predictability of the damage, and whether the injured person or his/her property shall be affected by the The authority's action has been protected. If circumstances in which the injured person is responsible have acted on the creation or aggravation of the damage, the obligation to compensate and the extent of the compensation shall in particular depend on the extent to which the damage is mainly caused by: has been caused to the injured person or by the authority. Unofficial table of contents

Section 53 Compensation in the event of death

(1) In the case of the killing, the costs of the burial must be compensated within the scope of section 52 (5) to the person who is responsible for the obligation to bear these costs. (2) Status of the killed at the time of injury to a third party in a proportion, on Reason for which he was subject to the law or could be subject to maintenance obligations, and if, as a result of the killing, the third party is deprived of the right to the maintenance, the third party may, within the scope of section 52 (5), be deprived of appropriate compensation, as the killed during the presumed duration of his life It would have been obliged to provide the maintenance. Section 52 (3) sentence 3 to 5 shall apply accordingly. The compensation can also be required if the third party was conceived at the time of the injury, but was not yet born. Unofficial table of contents

Section 54 Limitation of the compensation claim

The right to the compensation shall be due in three years from the date in which the injured person, in the case of § 53 of the claimant, acquires of the damage and the knowledge pledged to the compensation, without regard to this knowledge in thirty years from the occurrence of the harmful event. Unofficial table of contents

§ 55 Compensation for compensation, replacement claims

(1) The Federal Republic of Germany shall be subject to compensation. This also applies to official acts of an official of the police of the country pursuant to § 64 para. 1. (2) The Federal Republic of Germany may require the persons responsible under § § 17 and 18 to reimburses their expenses if they are subject to the provisions of section 51 (1) (2) of the German law. 1, para. 2, point 2 or para. 3. If a number of persons are jointly responsible, they shall be liable as the total debtor. (3) If compensation has been paid on the basis of an official act of an official of the police of the country pursuant to Section 64 (1) only on the basis of the manner in which a measure is carried out , the Federal Republic of Germany may require the country in whose service the official is entitled to pay compensation for its expenses, unless it is itself responsible for the manner in which it is carried out. Unofficial table of contents

§ 56 Legal Way

For claims to compensation for damages, the ordinary legal path is given, for claims on the application of costs pursuant to § 55 (2) and (3) of the administrative law.

Section 4
Organisation and responsibilities

Unofficial table of contents

§ 57 Federal Police Authorities

(1) Federal police authorities are the Federal Police Presidium, the Federal Police Directorates and the Federal Police Academy. (2) The Federal Police Presidium as the upper authority is subject to the federal police directorates as sub-authorities and the Federal Police Academy. The Federal Police Office is under the authority of the Federal Ministry of the Interior. (3) (4) (4) The Federal Police Academy is the central training and training centre of the Federal Police. (5) The number and seat of the federal police authorities shall determine the Federal Ministry of the Interior, the seat after hearing of the participating country. (6) The numerical strength of the Federal Police is obtained from the budget. Unofficial table of contents

Section 58 Sachliche and local jurisdiction

(1) The Federal Ministry of the Interior regulates the factual and local competence of the individual federal police authorities by means of a decree law. (2) Officials of the Federal Police can act in the entire area of responsibility of the Federal Police. . As a rule, they are to act within the jurisdiction of their authority. (3) Officials of the Federal Police may also pursue the prosecution of a fugitive beyond the territorial areas of responsibility of the Federal Police, referred to in § 1 (7) and § 6. continue and take the fugitives. Unofficial table of contents

Section 59-Task perception of the association

(1) The federal police force the forces of the federations and units of the Federal Police primarily for measures that require the use of closed associations or units. (2) Requiates the defence of a danger in the area of responsibility of the Federal Police. Federal police the use of closed associations or units, are required to take the necessary measures in consultation with the police of the country. Unofficial table of contents

§ 60 Use of helicopters

In accordance with the budget, the Federal Police has helicopters as police means and means of transport, as well as for the transport of members of the federal government's constitutional bodies, members of the federal government and their guests. The Federal Ministry of the Interior, by administrative provision, shall determine the conditions and procedures for the carriage of persons by helicopter of the Federal Police, in so far as they are not concerned with the use of helicopters as police operations. and means of transport. Unofficial table of contents

Section 61 Border crossing points, border permit

(1) The Federal Ministry of the Interior shall decide, in consultation with the Federal Ministry of Finance, on the approval and closure of border crossing points. These decisions are published in the Federal Gazette (Bundesanzeiger). (2) The Federal Police, in consultation with the main customs office, shall determine the traffic hours for the individual border crossing points in accordance with the traffic requirement and shall make them by means of a slope at the (3) The Federal Police may grant permission to persons or groups of persons, the border outside the approved border crossing points, outside the stipulated traffic hours or with other than the approved to cross traffic types if there is a particular need for and do not stand in the way of public concerns. The border permit may be granted under conditions and may also be subject to conditions and shall be subject to temporary restrictions; it may be revoked at any time. (4) As far as a country is responsible for the tasks of the border police service, in agreement with the Federal Government, (5) Insofar as the customs administration tasks in accordance with § 2 (3) of the Agreement, it is possible to determine in the agreement pursuant to § 2 (3) that the authorities or departments of the police of the country shall act in lieu of the Federal Police pursuant to paragraphs 2 and 3. in accordance with the provisions of Article 68, sentence 1, may be exercised in the exercise of the The Regulation provides that authorities of the customs administration shall act in place of the Federal Police in accordance with paragraph 3. Unofficial table of contents

Section 62 Support obligations

(1) The Federal Police may, in so far as it is necessary for the performance of their tasks pursuant to § 2,

1.

Enter and drive land other than buildings,

2.

require land owners and landowners to release a border path, to set up passages or transitions, to bridge water trenches or to tolerate the affixing of border markings or warning signs;

3.

at your own expense, set border markings or warnings, set up or improve border paths, passages, transitions or bridges.

(2) The transport undertakings active in international travel and the operators of undertakings on whose premises the Federal Police has to carry out tasks in accordance with § § 2 to 4a shall be obliged to:

1.

to allow access to their facilities and means of transport free of charge, free of charge, to officials responsible for carrying out these tasks,

2.

carrying them free of charge in the performance of these tasks,

3.

to communicate to the services responsible for the performance of those tasks, in good time and free of charge, the flight and flight plans and the actual movements of the traffic.

(3) The undertakings referred to in paragraph 2 shall make available to the departments of the Federal Police responsible for the performance of the tasks in accordance with § § 2 to 4a the necessary service rooms as well as parking spaces for the service vehicles and shall keep them available. these facilities are in good condition. The Federal Police reimburses the companies at their request for their own costs, provided they do not need these facilities anyway. To the extent that an expense exceeds the standard that is customary for institutions of the Federal Police, it shall not be remunerated. (4) The Federal Police may require the companies referred to in paragraph 2 to provide further facilities and services to be provided by the Federal Police. The performance of the duties of the Federal Police in accordance with § § 2 to 4a are related and can be apported to them in the circumstances. § 8 (1) sentence 1 No. 1 second half-sentence of the Air Security Act remains unaffected. The companies referred to in paragraph 2 may demand compensation for their own costs. (5) A flat-rate fee can be agreed for the remuneration to be paid by the Federal Police. (6) Federal Public Transport Administrations shall be deemed to be companies within the meaning of of the preceding paragraphs. Unofficial table of contents

§ 63 Complete service, auxiliary police officers

(1) Activities of the enforcement service in the Federal Police are usually to be transferred to law enforcement officers. (2) The federal police may take appropriate persons to carry out certain tasks.

1.

the monitoring of borders and the control of international transport (§ 2 (2) (1) and (2)),

2.

in the defence of hazards in the railway systems of the Federal Railways (§ 3),

3.

protection against attacks on air traffic safety (§ 4), or

4.

on the protection of federal and federal ministries ' constitutional bodies (§ 5) as well as for the protection of federal police institutions (§ 1 para. 3)

for auxiliary police officers, if there is a need for this. The order can be revoked at any time. (3) In the context of the tasks assigned to them, the auxiliary police officers have the powers of officers of the Federal Police. However, they do not have the power to apply direct coercion in accordance with § § 9 to 14 of the law on direct coercion in the exercise of public authority by law enforcement officers of the federal government. (4) The Federal Ministry of the Interior shall designate the Supervision of the police authorities responsible for auxiliary police officers and their appointment. Unofficial table of contents

Section 64 Official acts of law enforcement officers of the Länder, as well as of law enforcement officers of other federal authorities or other states within the jurisdiction of the Federal Police

(1) A country's law enforcement officers may perform official acts to carry out duties of the Federal Police

1.

on request or with the consent of the competent federal police authority,

2.

on the defence of a current danger, the prosecution of criminal offences within the meaning of Section 12 (1) in the event of a fresh act as well as the prosecution and re-seizure of from the custody of the Federal Police if the competent federal police authority has Cannot take the necessary measures in good time.

In the cases referred to in point 2, the competent federal police authority shall be informed without delay. (2) If the police officers of a country are acting in accordance with paragraph 1, their powers shall be determined in accordance with the law applicable to the police of the country. (3) The provisions of paragraph 1 shall apply mutatily to the enforcement officers of other federal authorities. The law enforcement officers shall have the same powers as the Federal Police. Their measures are deemed to be measures of the Federal Police. In this respect, they are subject to instructions from the competent federal police authority. (4) Enforcement officers of other states with police duties may perform official acts within the jurisdiction of the Federal Police, in so far as agreements under international law , or Council Decision 2008 /615/JHA of 23 June 2008 on the stepping up of cross-border crime (OJ L 327, 30.4.2008, p. 1), which provides for this. The exercise of public authority by law enforcement officers of other States in accordance with the first sentence is only due to an international law treaty which requires the participation of the legislative bodies pursuant to Article 59 (2) of the Basic Law or to Council Decision 2008 /615/JHA of 23 June 2008 (OJ L 136, 31.7.2008, p. OJ L 210, 6.8.2008, p. 1). Law enforcement officers of other States of the European Union may, in agreement with the competent authorities of the other State, carry out tasks relating to the appointment of auxiliary police officers in accordance with Section 63 (2) to (4) of the Full service in the Federal Police. Unofficial table of contents

Section 65 Official acts of officials of the Federal Police under the jurisdiction of a country or activities in other States

(1) Police enforcement officers of the Federal Police may act within the jurisdiction of a country if the respective country law provides for it. (2) Police officers of the Federal Police may take action outside the Federal Republic of Germany, in the case of agreements under international law or Council Decision 2008 /615/JHA of 23 June 2008 (OJ L 327, 31.12.2008, p. 1), or the Federal Ministry of the Interior, in agreement with the competent authorities of the other State, agrees to an activity carried out by officials of the Federal Police abroad in general or in individual cases. Unofficial table of contents

Section 66 Official acts of officials of the customs administration in the area of responsibility of the Federal Police

(1) The Federal Ministry of the Interior, in agreement with the Federal Ministry of Finance, may provide officials of the customs administration with the exercise of tasks of police control of international traffic (§ 2 para. 2 no. 2) to individual (2) If officials of the customs administration carry out duties under paragraph 1, they shall have the same powers as officials of the Bundespolizei. Their measures are deemed to be measures of the Federal Police. The Federal Ministry of the Interior and the subordinated federal police authorities are exercising their professional supervision in this respect. Unofficial table of contents

Section 67 Officials of civil servants of the Federal Police under the jurisdiction of the Customs Administration

(1) The Federal Ministry of Finance, in agreement with the Federal Ministry of the Interior, may entrust officials of the Federal Police with the performance of duties of the customs administration at individual border customs offices, insofar as this is the basis for the handling of the duties of the Federal Police. (2) If officials of the Federal Police carry out duties under paragraph 1, they shall have the same powers as officials of the customs administration. Their measures shall be considered as measures of customs administration. The Federal Ministry of Finance and the subordinated customs services are exercising their professional supervision in this respect. Unofficial table of contents

Section 68 Perception of tasks by the customs administration

The Federal Ministry of the Interior may, in agreement with the Federal Ministry of Finance, transfer it to the customs administration for exercise by means of a legal regulation.

1.

police control of international traffic (§ 2 para. 2 no. 2) at individual border crossing points,

2.

other tasks in accordance with § 2.

If the customs administration carries out tasks in accordance with the first sentence, Section 66 (2) shall apply accordingly.

Section 5
Final provisions

Unofficial table of contents

§ 69 Administrative provisions

The Federal Ministry of the Interior shall issue the general administrative provisions necessary for the implementation of this law in the field of federal administration. Unofficial table of contents

Section 69a Bußmonetary provisions

(2) The administrative offence can be punished with a fine of up to fifty thousand euros. (3) Administrative authority in the sense of § 31a (1). Article 36 (1) (1) of the Code of Administrative Offences is the federal police authority determined in accordance with Section 58 (1) of the Law Decree. It shall notify the Federal Aviation Office of the imposition of a fine as referred to in paragraph 1. Unofficial table of contents

Section 70 Restriction of fundamental rights

The fundamental rights of physical integrity (Article 2 (2) sentence 1 of the Basic Law), the freedom of the person (Article 2 (2) sentence 2 of the Basic Law), the secrecy of telecommunications (Article 10 of the Basic Law) and the free movement of persons (Article 11 Paragraph 1 of the Basic Law) shall be restricted in accordance with this Act. The fundamental right of the inviolability of the apartment (Article 13 of the Basic Law) is restricted by § § 45 and 46.