The Federal Police Act

Original Language Title: Gesetz über die Bundespolizei

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

Non-official table of contents

BPolG

Date of issue: 19.10.1994

Full quote:

" Federal Police Law of 19. October 1994 (BGBl. 2978, 2979), which was last amended by Article 14 of the Regulation of 31 December 2008. August 2015 (BGBl. I p. 1474) "

:Last modified by Art. 14 V v. 31.8.2015 I 1474

For details, see Notes

Footnote

(+ + + Text evidence from: 1.11.1994 + + +)
(+ + + Amcial). Notification of the norm provider to EC law:
Implementation of the
EGRL 82/2004 (CELEX Nr: 304L0082) cf. 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 as article 1 G 13-7-1 v. 19.10.1994 I 2978 (BGSNeuRegG) adopted by the Bundestag. It's gem. Article 3 (1), first sentence, of this G mWv 1.11.1994 entered into force. unofficial table of contents

content overview

Board
Section 1
Tasks and Usages
§ 1General
§ 2Border Protection
§ 3Bahnpolizei
§ 4Air Security
§ 4aAircraft Security Measures
§ 5Protection of federal organs
§ 6Tasks at sea
§ 7Emergency and Defense Case Tasks
§ 8Use abroad
§ 9Use to support other federal agencies
§ 10Use in support of the Federal Office for the Protection of the Constitution in the field of radio technology
§ 11Use to support a country
§ 12Persecution of offenses
§ 13Persecution and prosecution of illegalities
Section 2
Powers
Subsection 1
General Powers and General Rules
§ 14General powers
§ 15Principle of proportionality
§ 16Discretion, choice of means
§ 17 Responsibility for the behavior of people
§ 18Responsibility for the behavior of animals or the condition of things
 § 19Direct execution of a measure
§ 20Use of non-responsible persons
Subsection 2
Special powers
 Part 1
Data Collection
§ 21Collection of personal data
§ 22Survey and duty of information
§ 22aCollection of telecommunication data
§ 23The identity determination and verification of Authorization notes
§ 24 Discovery Service Measures
§ 25 Vorload
§ 26Data Collection for public events or accumulations
§ 27Self-acting image recording and image recording devices
§ 28Special data collection means
Part 2
Data processing and data usage
§ 29Storage, modification and use of personal data
§ 30Fahndung RFQ
§ 31Call for tender for border police Observation
§ 31aTransmission of PNR data
§ 32Transmission personal data
§ 32a Transmission of personal data to Member States of the European Union
§ 33Supplementary rules for transmission
§ 33aUse of data transmitted under the Council Framework Decision 2006 /960/JHA
§ 34Personal Data Reconciliation
§ 35Correction, deletion and blocking of personal data
§ 36ErrichtOrder
§ 37Validatability of the Federal Data Protection Act
Part 3
Placement, custody, search
§ 38 Place referral
§ 39 Geversam
§ 40 Judge Decision
§ 41 Treatment of detained persons
§ 42 Duration of deprivation of liberty
§ 43 Selling of people
§ 44 Explore by stuff
§ 45 Entering and search for apartments
§ 46 Procedures for search-through of apartments
Part 4
 Supplemental Rules
§ 47Ensure
§ 48Preservation
§ 49Recovery, Destruction
§ 50Outgoing or redeeming of security items, costs
Section 3
Damage Equalization
§ 51Mandatory Tattoes
§ 52balance content, type and scope
§ 53Compensation in death
§ 54Compensation claim statedays
§ 55Compensation requirements, replacement claims
§ 56legal path
section 4
Organization and responsibilities
§ 57Federal Police Authorities
 § 58Sachliche und territorial jurisdiction
 § 59Verbandspolizeiliche Task-Inception
§ 60helicopters usage
§ 61Border crossing points, border permission
§ 62Supporting obligations
§ 63Enforcement Service, Auxiliary Police Officers
§ 64Officials of law enforcement officers of the countries as well as law enforcement officers of other federal authorities or other states in the Jurisdiction of the Federal Police
§ 65 Officials of Federal Police Officials in the jurisdiction of a country or activities in other States
§ 66Officials of customs administration officers in the jurisdiction of the Federal Police
 § 67Officials of the Federal Police in the area of responsibility of the Federal Police Customs administration
§ 68Perception of Tasks by Customs Administration
Section 5
Final Provisions
§ 69 Administrative regulations
§ 69a BußMoney Rules
§ 70 Restriction of Basic

Section 1
Tasks and Usages

Non-official table of contents

§ 1 General

(1) The Federal Police will be managed in the federal administration. It is a federal police force within the division of the Federal Ministry of the Interior.(2) The Federal Police shall be responsible for the tasks assigned to it either by this Act or by the Federal Police (Bundespolizei) up to the first. They were assigned by another federal law or by a federal law in 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 located.(4) The protection of private rights shall be the responsibility of the Federal Police in the course of their duties only if judicial protection is not to be obtained in good time and without the assistance of the Federal Police the realization of the law is foiled or significantly impeded. Would.(5) The security duties of the Federal Police shall also include the prevention of criminal offences in accordance with the provisions of this Act.(6) Where responsibilities of the Federal Police are affected by the responsibilities of other federal or state authorities, the Federal Police authorities shall act in consultation with the competent authorities. If this is not possible because there is a risk of delay, the competent authorities shall be informed immediately of the measures taken.(7) The jurisdiction of the police in the country shall also remain unaffected in the areas of jurisdiction of the Federal Police referred to in paragraph 3 as well as in the areas of territorial jurisdiction referred to in § § 2 to 5. Non-official table of contents

§ 2 Border Protection

(1) The Federal Police is responsible for the border police protection of the federal territory (border protection), if not A country, in agreement with the Federal Government, shall carry out tasks of the border police service with its own forces.(2) The border guard includes
1.
the police surveillance of the borders,
2.
the police control of transboundary traffic including
a)
checking the border crossing documents and border crossing authority,
b)
the Boundary fainting,
c)
hazard prevention
3.
in the border area, to a Depth of 30 kilometres and from the external boundary to a depth of 50 kilometres, the defence of hazards that affect the security of the border.
The Federal Ministry of the Interior is authorized to secure the to extend the area referred to in sentence 1, point 3, from the second limit to the provisions of the law, with the consent of the Bundesrat, to the extent that border surveillance in the German coastal area so requires. The legal regulation provides a precise indication of the course of the rear boundary line of the extended border area. From the second limit, this line must not exceed a depth of 80 kilometres.(3) The agreement referred to in paragraph 1 shall be established in a written agreement between the Federal Ministry of the Interior and the participating country, which is to be published in the Federal Gazette. The agreement is to regulate the cooperation between the Federal Police and the police of the country.(4) If the police of a country perform tasks in accordance with paragraph 1 in agreement with the Federal Government with its own forces, the performance of the tasks shall be governed by the law applicable to the police of the country. Non-official table of contents

§ 3 Railway Police

(1) The Federal Police has the task of hazards in the field of railway systems of the Federal Railways to the public security or order that
1.
the users, the assets, or the The operation of the web or
2.
will arise during the operation of the railway or from the railway lines.
(2) The performance of the tasks referred to in paragraph 1 The beneficiary carriers 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 Article 58 (1) of the regulation.

footnote

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

§ 4 Air security

The Federal Police is responsible for protecting against attacks on the security of the Air traffic according to § 5 of the Air Safety Act, insofar as these tasks are carried out in accordance with § 16 (3) sentence 2 and 3 of the Air Security Act in Germany's own administration. Non-official table of contents

§ 4a Security measures on board aircraft.

The Federal Police can maintain or restore of the 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. Non-official table of contents

§ 5 Protection of federal institutions

(1) The Federal Police can present federal and federal ministries against dangers, to protect the performance of their duties, if they so request and agree between the Federal Ministry of the Interior and the country concerned, that their adequate protection is not otherwise guaranteed can. 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.(2) The protection by the Federal Police is limited to the land on which the constitutional bodies or the Federal Ministries have their headquarters. Non-official table of contents

§ 6 Tasks at sea

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

§ 7 Tasks in the case of emergency and defence

(1) The Federal Government shall set up 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, in the event of this use, has dangers from the general public or the individual .(2) Paragraph 1 shall apply accordingly if the Federal Police are used in accordance with Article 115f (1) (1) or under Article 115i (1) of the Basic Law. Non-official table of contents

§ 8 Use abroad

(1) The Federal Police may participate in police or other non-military personnel. Tasks in the context of international actions at the request and under the responsibility of
1.
of the United Nations Nations
2.
a regional arrangement or entity under Chapter VIII of the Charter of the United Nations, which is the Federal Republic of Germany
3.
of the European Union, or
4.
of the Western European Union
in the Foreign countries are used. 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 for the rescue of persons from a present danger for body or life 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 performance of the tasks referred to in paragraphs 1 and 2 by the Federal Police shall be governed by the provisions of international law applicable to them or by the arrangements made pursuant to such agreements. Non-official table of contents

§ 9 Use to support other federal agencies

(1) The federal police support
1.
the president of the German Bundestag in the perception of the house right and the police force 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 in the performance of its protection tasks according to § 5 of the Federal Criminal Police Act.
The support by the Federal Police is governed by the authority shall be governed by the law.(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, within the framework of the first paragraph of paragraph 1, the Federal Police is responsible for carrying out independent functions, the Federal Criminal Police Office shall direct its technical instructions to the authority designated for this purpose by the Federal Police.(3) The obligation to provide assistance shall remain unaffected. Non-official table of contents

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

(1) Federal police are responsible for the Federal Office for the Protection of the Constitution on the request of the Federal Office for the Protection of the Constitution in accordance with Section 3 (1) of the Federal Constitutional Protection Act in the field of radio technology and radio-based evaluation, insofar as the radio traffic does not Telecommunications secrecy, by
1.
Collection of the operation of radio equipment by foreign persons Intelligence services or the individuals and individuals observed by the Federal Office for the Protection of the Constitution,
2.
Radio-operational evaluation of the radio traffic foreign intelligence services, or the individuals ' associations and individuals observed by the Federal Office for the Protection of the Constitution,
3.
Documents, equipment and records used in the operation of radio equipment by foreign intelligence services or those observed by the Federal Office for the Protection of the Constitution.
(2) The documents, devices and records shall be used. The performance of the tasks referred to in paragraph 1 is 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 with 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 determine the details of the task perception referred to in paragraph 1, in particular the nature and scope of the tasks, as well as the necessary technical and organisational demarcation to the other areas of responsibility of the Federal police, in a service statement, and inform the Parliamentary Control Panel on this as well as on necessary changes. Non-official table of contents

§ 11 Usage of support for a country

(1) The federal police can be used to support a country
1.
to maintain or restore public security or order in cases of special importance in accordance with Article 35 (2) sentence 1 of the Basic Law,
2.
for assistance in the event of a natural disaster or in the event of a particularly serious accident according to Article 2 sentence 2 and 3 of the Basic Law,
3.
to avert an imminent threat to the stock or to the free democratic constitution of the federal government or one of its members. Country pursuant to Article 91 (1) of the Basic Law,
to the extent that the country cannot fulfil a task, or only under considerable difficulties, without this assistance.(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 the provisions of Article 35 (3) of the Basic Law, the Federal Police shall be subject to the technical instructions of the country.(3) In the case referred to in Article 35 (3) of the Basic Law, the decision on the use of the federal police pursuant to paragraph 1 shall be taken by the Federal Government, and by the rest of the Federal Ministry of the Interior at the request of the country. The Federal Ministry of the Interior may, in certain cases, transfer its decision-making authority to a federal police authority by administrative provision.(4) A requirement of the Federal Police is to be appropriate, unless a use of the Federal Police for federal tasks is 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 resulting 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. Non-official table of contents

§ 12 prosecution of offenses

(1) The Federal Police is responsible for the police tasks in the field of law enforcement (§ § 161, 163 of the Code of Criminal Procedure), insofar as there is a suspicion of a crime (§ 12 para. 2 of the Criminal Code), which is
1.
directed against the security of the border or the performance of its tasks according to § 2,
2.
after the The provisions of the Passport Act, the Residence Act or the Asylum Procedure Act must be followed in so far as it has been committed by the border crossing or in a direct connection with the same,
3.
to allow a border crossing by means of deception, threat, violence or otherwise unlawful, as far as it is found in the control of international traffic
4.
4.
The passing of a matter over the border without official permission is implemented as the legal constituent of the penal code, provided that the Federal Police by or due to a law assigned to the task of monitoring the movement ban,
5.
in the area of railway systems of the railways the Federal Government has committed itself against the safety of a user, the installations or the operation of the railway or the assets of the railway or its assets entrusted to it,
6.
is subject to German criminal law and requires law enforcement measures at sea outside the German territorial sea within the scope of § 6,
beyond that, where the Suspicion of a crime according to point 2 or in accordance with § 315 (3) (1) of the Penal Code and in the case 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. The agreement with the Federal Ministry of Finance is also to be established as far as the first sentence of the first sentence is concerned.(2) The Federal Police shall be competent, subject to specific legal provisions of jurisdiction, for the police tasks in the field of law enforcement in the cases referred to in paragraph 1, if the offence is committed in its spatial context. Jurisdiction (Section 1 (7)) was committed. Furthermore, the jurisdiction of other police authorities for prosecution shall remain unaffected in the cases referred to in paragraph 1. The Public Prosecutor's Office may, in consultation with the Federal Police, carry out the investigation of another police authority which is otherwise responsible.(3) In the case of criminal offences which do not fall under the provisions of paragraph 1, the matter shall be submitted without delay to the competent 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 object 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 investigations in The public prosecutor's office can determine the competent police authority in case of doubt.(4) If investigations are necessary outside the areas referred to in section 1 (7), the Federal Police shall take their measures in consultation with the police of the country.(5) Officials in the Police Services of the Federal Police, who belong to the Police Station for at least four years, are investigators of the Public Prosecutor's Office (Section 152 of the Judicial Constitution Act) and have the rights and obligations of the Federal Police Office. 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 for the exercise The provisions of the Code of Criminal Procedure according to international law.

Footnote

§ 12 para. 1 sentence 1 sentence 1 No. 5: In accordance with the decision formula with GG (100-1), it is compatible with the law. BVerfGE v. 28.1.1998 I 803 (2 BvF 3/92) Non-official table of contents

§ 13 Persecution and prosecution of administrative offences.

(1) The Federal Police are taking part in the the tasks assigned to it shall be carried out by the police in accordance with the law on the offence of administrative offences. Section 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 is in the interests of administrative offences in accordance with § § 111 and 113 of the Code of Administrative Offences, which were committed in the area of responsibility of the Federal Police, which are in the Ordinance pursuant to Section 58 (1) of the Federal Police Office.(3) The jurisdiction of the federal police authorities, which has been conferred by or on the basis of other federal laws, for the prosecution and prosecution of administrative offences as an administrative authority within the meaning of § 36 (1) (1) and (2) of the Act on Irregularities remain unaffected.(4) Officials in the Police Services of the Federal Police, which shall be members of the Police Station for at least four years, shall be authorized, in the course of their duties, to issue warnings and to collect the amounts of such warnings. name="BJNR297900994BJNG000200000 " />

Section 2
powers

Subsection 1
General powers and general rules

Non-official Table of Contents

§ 14 General Powers

(1) The Federal Police may, in order to fulfil their duties, require the necessary Take measures to ward off a danger, unless this law regulates the powers of the Federal Police.(2) The danger within the meaning of this Section shall be a risk for public security or order in the field of tasks which the Federal Police are responsible for in individual cases 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, essential assets or other criminal-protected goods of considerable importance to the Generality.(3) In order to carry out the tasks assigned to the Federal Police by other federal legislation, it shall have the powers provided there. 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 within the scope 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 contains no regulations. Non-official table of contents

§ 15 Principle of proportionality

(1) There are several possible and appropriate measures to be taken by the the least likely to affect the individual and the general public.(2) A measure must not lead to a disadvantage which is discernitable to the success of the measure.(3) A measure shall be admissible only until its purpose has been reached or to show that it cannot be achieved. Unofficial Table Of Contents

§ 16 Discretion, Choice of Means

(1) The Federal Police shall take their measures at the discretion of the Federal Police.(2) If several means are considered for the defence of a risk, 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. Non-official table of contents

§ 17 Responsibility for the behavior of people

(1) Causing a person to be a danger, the measures are against to set them up.(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 supervisor is appointed for the person, the measures can also be directed against the supervisor within the scope of his/her duties.(3) The person who is responsible for the execution of a person who is responsible for the execution of the order shall be entitled to take measures against the person who has ordered others to carry out his or her execution. Non-official table of contents

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

(1) Goes from an animal or a thing a risk, the measures shall be directed against the holder of the actual violence. The following provisions shall apply mutatily to animals.(2) Measures may also be directed against the owner or any other beneficiary. This shall not apply if the holder of the actual violence exercises them without the will of the owner or the person entitled to do so.(3) If there is a risk of a non-ruthless cause, the measures may be directed against the person who has given up ownership of the object. Non-official table of contents

§ 19 Immediate execution of a measure

(1) The Federal Police may take a measure itself or through a delegate execute directly if the purpose of the measure is not achieved or cannot be achieved in good time by using the persons responsible according to § 17 or § 18. The person affected by the measure shall be informed immediately.(2) In the event of a direct execution of a measure by the Federal Police, the persons responsible for the compensation pursuant to § 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. Non-official table of contents

§ 20 Use of non-responsible persons

(1) The Federal Police may take action against persons other than the , in accordance with § 17 or § 18, if
1.
repel a current significant danger ,
2.
Measures against those responsible under § 17 or § 18 are not or are not possible in time or promise no success,
3.
the federal police can't or won't be able to ward off the danger either in time or through a delegate and
4.
The people can be used without significant risk of their own and without any violation of higher-value duties.
The measures may only be maintained, as long as the defection of the danger is not possible in other ways.(2) The Federal Police may also take measures against persons other than those responsible pursuant to § 17 or § 18, insofar as this results from the following provisions of this section.

Subsection 2
Special powers

Part 1
Data Collection

Non-tamous Table of contents

§ 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 that is assigned to it. is.(2) In order to prevent criminal offences, a collection of personal data shall only be permitted where the facts justify the assumption that
1.
the person intends to commit offences within the meaning of Section 12 (1) with significant meaning and the data are required to prevent such offences or
2.
the person is linked to a person referred to in paragraph 1 in a manner or a compound which can be expected to have the measure to prevent Offences referred to in point 1 shall be carried out and this would be indiscriminately or significantly impeded in any other way.
(3) Personal data shall be open and shall be 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. is the predominant interest of the person concerned.(4) Where personal data are collected from the person concerned or from non-public bodies, they shall be informed of the extent of their obligation to provide information and the legal basis of the data collection, if requested. The notice may not be required 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. Non-official table of contents

§ 22 questioning and obligation to provide information

(1) The federal police may ask a person if the facts are accepted justify the fact 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. Upon request, the person has to hand out identity papers for the examination.(1a) In order to prevent or prevent unauthorised entry into the territory of the Federal Republic of Germany, the Federal Police may in trains and in the area of railway installations of the Federal Railways (§ 3), insofar as they are based on knowledge of the situation or of border police experience. shall be presumed to be used for unauthorised entry, as well as, in an air transport facility or establishment of a commercial airport (§ 4), for a short period of time for each person to stop, inquire and require any person to be used, that they have to be handed over their identity papers or border-crossing documents for examination, as well as take part in the event.(2) The requested person shall be obliged to provide the name, first name, date and place of birth, residence address and nationality as far 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 statutory obligations of duty exist, to the extent that which is necessary for the defence of a danger.(3) Under the conditions set out in § § 52 to 55 of the Code of Criminal Procedure, the person concerned is entitled to refuse access to the information. This shall not apply in so far as the information is required to avert a danger for the body, life or freedom of a person. The data subject shall be informed of their right to refuse to provide information. Information obtained in accordance with the second sentence may be used only for the purpose referred to therein.(4) § 136a of the Code of Criminal Procedure shall apply accordingly. § 12 of the Administrative Enforcement Act shall not apply. Non-official table of contents

§ 22a Telecommunications Data Collection

(1) As far as this is for the investigation of the facts or the investigation of the The place of residence of a person in accordance with § 21 (1) and (2) may be provided by the person who provides or participates in the business of telecommunication services in accordance with § § 95 and 111 of the Telecommunications Act. shall be required (Section 113 (1), first sentence, of the Telecommunications Act). 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 Telecommunications law), the information may only be requested if the legal requirements for the use of the data are available.(2) The information referred to in paragraph 1 may also be required on the basis of an Internet Protocol address assigned at a given time (Section 113 (1) sentence 3 of the Telecommunications Act). (3) The request for information pursuant to the second sentence of paragraph 1 may only be applied to: Application of the head of the federal police authority or his representative determined in accordance with Section 58 (1) of the legal regulation shall be ordered by the court. In the event of danger in default, the order may be made by the head of the federal police authority or his representative 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. The provisions of Article 28 (3), fifth and sixth sentences, shall apply accordingly.(4) In the cases referred to in the second sentence of paragraph 1 and in 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 if the third sentence is to be withdrawn from it, the reasons are to be found to be accurate.(5) On the basis of an information request referred to in paragraph 1 or 2, the person who provides business telecommunications services or participates in the exchange of information shall have the data necessary for the exchange of information to be transmitted without delay. For the compensation of the service providers, § 23 of the Justice Remuneration and Compensation Act is to be applied accordingly. Non-official table of contents

§ 23 identity determination and verification of authorization notes

(1) The federal police can identify a person
1.
to avert a hazard,
2.
for police control of cross-border traffic,
3.
in the border area up to a depth of 30 kilometres to prevent or prevent illegal entry into the territory of the Federal Republic of Germany or to prevent criminal offences within the meaning of Section 12 (1) no. 1 to 4,
4.
if the person is in a federal police establishment (§ 1 para. 3), an installation or establishment of the federal railways (§ 3), an air transport facility, or Establishment of a commercial airport (§ 4), the official residence of a constitutional body or of a Federal Ministry (§ 5) or at a border crossing point (§ 61) or in the immediate vicinity thereof, and facts justify the assumption that there crimes committed by persons or persons present in or on such objects are directly at risk, and the identification of the identity as a result of the exposure or to the person referred to Reference points are required, or
5.
for the protection of private rights.
(1a) The border area referred to in paragraph 1 (3) extends in the coastal area of the border area of the In addition, only in accordance with the provisions of the ordinance on § 2 para. 2 sentence 2 of the German Law on the Sea of the Sea.(2) In order to carry out the tasks in accordance with § 7, the Federal Police may also determine the identity of a person if they are
1.
in one place, in relation to the facts, justify the assumption that there
a)
Persons offense, prepare or practise offences or
b)
offenders hide
2.
in a transport or utility facility, public transport, office building or other special object or in the immediate vicinity thereof and to justify the assumption that criminal offences are to be committed there, by the persons present in or on such objects, or by those objects themselves directly at risk , and the identification of the identity due to the hazard situation or to the person-related clues is required, or
3.
at a control point , which has been established by the Federal Police, to
a)
Crime of significant Meaning or
b)
To prevent offences within the meaning of Section 27 of the Law of the Assembly
, which are facts of the commission.
(3) The Federal Police may to identify the identity of the necessary measures. 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. Subject to the conditions set out in sentence 4, the person concerned and the items he/she carried on may be searched for items serving the purpose of determining the identity of the person concerned.(4) The Federal Police may, in so far as it is necessary for the performance of their duties, require authorization certificates, certificates, certificates or other documents to be handed out for examination if the person concerned is based on a Legal provision is required to carry these documents.(5) The Federal Police may request that persons who wish to enter or enter the Federal Police (§ 1 para. 3) or the official residence of a constitutional body or a Federal Ministry (§ 5) should be expleted. 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. Non-official table of contents

§ 24 Discovery Service Measures

(1) The Federal Police can take recognition service measures if
1.
No other way or only under § 23 (1) or 2 (s) is the is possible or
2.
this is necessary for the prevention of criminal offences within the meaning of § 12 para. 1, because the person concerned is suspicious, a (
) In the cases referred to in paragraph 1 (1),
the identity has been identified, the identity of the offence referred to in paragraph 1 (1) shall be the same as that which has been established in the case of the To destroy the documents, unless their further storage is required under paragraph 1 (2) or permitted under other legislation. If the documents have been sent to other bodies, they shall be informed of the destruction that has taken place.(3) Recognition service measures are in particular
1.
the acceptance of finger and Palm prints,
2.
the recording of photographs, including image recordings,
3.
the findings of outer bodily characteristics,
4.
measurements and
5.
Voting record with knowledge of the affected person.
Table of Contents

§ 25 Preload

(1) The Federal Police can pre-load a person in writing or orally when
1.
Facts justifying the assumption that the person can provide relevant information necessary for the performance of a particular task in the Federal Police, or
2.
this is required to perform recognition service actions.
(2) The reason for the subload is to specify the reason. In setting the date, consideration shall be given to the profession and to the other circumstances of the person concerned.(3) If there is no sufficient reason for the subpoena to be affected by the summons, it may be forcibly enforced if
1.
The evidence to prevent a person's body, life, or freedom is required, or
2.
this is required for the implementation of recognition service measures.
(4) For the compensation or remuneration of persons who appear on summons as witnesses or who are as experts, the Justice and Indemnity Act applies accordingly. Non-official table of contents

§ 26 Data collection at public events or accumulations

(1) The federal police may or may not be with public events or collections at the border or the objects referred to in § 23 (1) (4), personal data shall also be collected by the production of image and sound recordings of participants, if the facts are adopted in the case of or in connection with such an event or collection, there are significant risks to public safety at the border or to the security of the objects referred to in Article 23 (1) (2). The survey may also be carried out if third parties are unavoidably affected.(2) In the cases referred to in § 7, the Federal Police shall also have the powers referred to in paragraph 1, in connection with public events or collections, even outside the locations and objects referred to in the first sentence of paragraph 1, where facts justify the assumption that, in connection with or in connection with public events or collections, administrative offences are of major importance or criminal offences.(3) Records resulting from paragraphs 1 and 2 as well as documents produced therefrom shall be destroyed immediately after the end of the event or collection, insofar as they are not required
1.
to prosecute a significant meaning or a criminal offence or
2.
for the prevention of criminal offences in connection with or in connection with meetings, public events or collections, because the data subject is suspicious, have prepared or committed such offences and therefore have reason to believe that they will continue to commit such offences in the future.
Destruction can also be prevented if public security disruption is or are not in connection with the event or collection, and the records shall be used solely for the purpose of police training or for the temporary documentation of police action. Personal data are to be anonymized at the earliest possible time. If 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) § § 12a and 19a of the Assembly Act remain unaffected. Non-official table of contents

§ 27 Self-employed image recording and recording equipment

The Federal Police can take self-employed image recording and Use image recording devices to
1.
unauthorised border crossings or threats to security the boundary or
2.
Hazards to the objects referred to in § 23 para. 1 no. 4 or to persons or objects located there.
In the cases referred to in the first sentence of sentence 1, 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 in so far 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 of order. Non-official table of contents

§ 28 Special funds for data collection

(1) The Federal Police may use personal data in accordance with § 70 sentence 2. with the special means referred to in paragraph 2 above
1.
persons responsible pursuant to § 17 or § 18; under the conditions laid down in § 20 (1) of the persons referred to in Article 20 (1), to avert a risk to the stock or security of the State or to the body, life or liberty of a person, or to matters of significant value, the maintenance of which shall be the public interest, or
2.
the persons referred to in § 21 (2) for the prevention of criminal offences within the meaning of Section 12 (1) of this Directive, with significant significance if: (b) to justify the assumption that such an offence is to be committed on a commercial, habitual, bandenal or by a criminal organisation,
and to prevent the risk or the prevention of the offence in any other way is hopeless or would be made much more difficult. The survey may also be carried out if third parties are unavoidably affected.(2) Special data collection means are
1.
the scheduled observation of a person who is responsible for the data collection. continuous longer than twenty-four hours or more than two days (longer-term observation),
2.
the use of technical means in a for the person concerned,
a)
for the production of image recordings or -aufdrawings,
b)
to listen or record the unspoken word
3.
the use of people 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 pursuant to paragraph 2, except in the case of danger in default, may only be ordered by the head of the federal police authority or his representative determined in accordance with Section 58 (1) of the Regulation. The order shall be informed, giving 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 provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction shall apply in accordance with the procedure.(4) Documents obtained by means of measures referred to in paragraph 2 shall be destroyed without delay, in so far as they do not apply to the purpose of the order or to the criminal procedure for the prosecution of a criminal offence. or are no longer required.(5) At the end of the measures referred to in paragraph 2 (1) and (2) (b), the person against which the measure has been ordered shall be informed as soon as this is done without endangering the purpose of the measure or public security. can. 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's Office.

Part 2
Data processing and data usage

Non-official Contents

§ 29 Storage, modification and use of personal data

(1) The Federal Police may store, modify and use personal data to the extent that 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 has 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 remain unaffected.(2) The Federal Police may, unless otherwise provided by law, provide personal data which it has obtained in the course of the performance of the police duties in the field of law enforcement over a person suspected of a criminal offence. , insofar as this is necessary for the prevention of dangers within the framework of the tasks of the Federal Police or for the purposes of future criminal proceedings for offences within the meaning of Section 12 (1). In accordance with the sentence 1, the Federal Police
1.
may use the personal data and, where necessary, other for identifying appropriate characteristics,
2.
the criminal code-leading office of the Federal Police and the crime rate number,
3.
the Tattimes and Tatorte and
4.
the accusations by specifying the legal regulations and the More detailed description of the offences
into files, store, modify and use. Further personal data can only be stored, changed and used by the Federal Police in accordance with the first sentence, as far as this is required,
1.
to protect officials or to protect the person concerned or
2.
because of the type or Execution of the deed, 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 criminal offences within the meaning of Section 12 (1).
If the accused is legally valid , the opening of the main proceedings against him shall be rejected indisputably, or the proceedings shall not be suspended only provisionally, the storage, modification and use shall be inadmissible if, on the basis of the reasons for the decision, it appears that he/she shall Did not commit or did not commit unlawful acts.(3) The Federal Police may include personal data of such persons, who may be considered as witnesses in the event of a future prosecution, as well as persons, whistleblowers and other persons designated in § 21 (2) No. 2. 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 sentence 1 may only be stored with the consent of the person concerned.(4) Where assessments are stored in files, it must be possible to determine the position at which the documents on which the evaluation is based are to be carried out.(5) The Federal Police may store personal data for the purpose of administration or for 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 police training and further 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 achieved and the legitimate interests of the person concerned are in each case at the same time. The confidentiality of the data does not seem to outweigh the data. Non-official table of contents

§ 30 Request for a call for delusions

(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 specified by law, the serial number of the identity document or endorsement used by it, and for this purpose in a file for the border control file (call for tenders for border control). The Federal Ministry of the Interior shall determine the nature of the data which may be stored in accordance with the first sentence of the invitation to tender for the border control by means of a regulation of the law.(2) The notice of tendering is allowed for the purpose of
1.
the detention of the person when the person is may be taken into custody in accordance with § 39, its stay is not known and may be assumed to be encountered in the control of international traffic,
2.
the border police check, if facts justify the assumption that the person's review of the control of international traffic is required to
a)
to avert a significant danger
b)
reasonable doubt about the authority of the person to remove or confirm the border crossing or
c)
the arrival of the person being missed, or
3.
the rejection or The Federal Police may, at the instigation of another public body, a person or a matter for the purpose of border control to the person in question, on the condition that such measures are admissible under the law of foreign law.
(3) (2) where, in accordance with the law applicable to them, the authority responsible is competent to carry out the action covered by the invitation to tender or to arrange for it to be carried out by a police authority. The office responsible shall be responsible for the admissibility of the measure. It has the appropriate action and the scope and duration of the call for tenders.(4) The storage in the file for the border control shall be carried out by the federal police authority determined in accordance with Section 58 (1) of the legal regulation. The authority 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 kind 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 a person if, in accordance with the provisions of this Act, it is empowered to carry out the measure taken by the tender itself or to have it carried out by means of a body authorized to retrieve the data in the automated procedure. Non-official table of contents

§ 31 Call for tender for border police observation

(1) The Federal Police may provide personal data in accordance with Section 30 (1) of the German Federal Police Office (Bundespolizei). In order to ensure that the authorities responsible for the exercise of police control of cross-border traffic are responsible for the location and time of the event, the authorities responsible for carrying out the checks on cross-border traffic, Arrival of the person, any accompanying person, of the motor vehicle and of the driver of the motor vehicle, as well as of the travel and destination, reporting the facts and circumstances of the meeting, if they are at the opportunity of the 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 of the invitation to tender for the observation of the border police, by means of a regulation of the law.(2) The call for tenders for border police observation shall be admissible only if
1.
is the overall assessment of the The person and the offences committed so far can be expected to continue to commit crimes within the meaning of Section 12 (1) of this Directive, or
2.
facts justify the assumption that the person is going to commit such offences,
and border police surveillance is required to prevent these crimes.(3) The invitation to tender for the observation of the border police may only be ordered by the head of the federal police authority or his representative in accordance with Section 58 (1) of the Legal Regulation. The order shall be informed, giving 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) In the event that the conditions for the order no longer exist, the purpose of the measure is reached or it can be seen that it can no longer be reached, the invitation to tender shall be deleted immediately.(6) § 30 (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, in accordance with paragraph 1, be designated for reporting to the requesting authority by the provisions of the Legal Regulation pursuant to Section 58 (1) of the German Federal Constitution Act (Bundesverfassungsschutzgesetz) The Federal Police Office is to be credited and stored in the file for the border control; § 30 (4) sentence 2 applies. Calls for tenders shall be limited to a maximum of six months. The extension of the term shall require a renewed request. Non-official table of contents

§ 31a Transfer of PNR data

(1) For the purpose of performing the tasks in accordance with § 2 (2) sentence 1 no. 2 and § 12 para. In the case of air carriers transporting passengers via the Schengen external borders to the territory of the Federal Republic of Germany, the data referred to in paragraph 3 shall be included in the data referred to in paragraph 3 of this Regulation in the case of air carriers transporting passengers via the Schengen external borders to the territory of the Federal Republic of Germany. to collect the documents carried by the passengers. As soon as the acceptance of the passengers for the flight concerned is closed, the air carriers shall immediately transmit the collected data to the Federal Police Agency, which is determined in the legal regulation pursuant to § 58 (1).(2) The arrangement and transmission take place 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. By way of exception, transmission is only permissible if a remote data transmission is not possible in individual cases.(3) The total number of passengers carried is to be transmitted to the flight concerned. In addition, the following data shall be collected and transmitted for each passenger:
1.
the surname and first names,
2.
the birth date,
3.
gender,
4.
the nationality,
5.
the number and type of travel document that is carried,
6.
the number and the issuing state of the required residence title or airport transit visa,
7.
the border crossing point provided for entry into the federal territory,
8.
the Flight number,
9.
the scheduled departure and arrival time, and
10.
the original The departure point and the flight route booked as far as this arises from the submitted or existing booking documents.
(4) In the event of acceptance, the air carriers shall inform the passengers that the above-mentioned data are available to passengers. shall be transmitted in advance electronically for the purposes of border control of the federal police authority determined in accordance with Article 58 (1) of the Regulation 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 Office, determined in accordance with Section 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 (2) sentence 1 No 2 and Section 12 (1), first sentence, no. 1 to 3 are required.(6) § § 63 and 64 of the Residence Act remain unaffected. Non-official table of contents

§ 32 Transfer of personal data

(1) The Federal Police can provide police enforcement services and, if they are Perform tasks in accordance with § 2 para. 2 or perform tasks in the field of law enforcement, transmit personal data to authorities of the customs administration insofar as this is necessary for the performance of police tasks. 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 for the
1.
Fulfilment of a task above,
2.
Danger Defense,
3.
Defend a serious impairment of individual rights
4.
Persecution of offenses or Dismissal, for the execution of sentences and for the execution of sentences or
5.
Completing special requests pursuant to Section 17 (2) of the German Federal Constitutional Protection Act.
(3) The Federal Police may submit personal data to public authorities of other States and to national or international bodies, where this is necessary for the style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
Fulfilment of a task that is above or
2.
Defense of a significant danger or for the prevention of crimes of considerable importance by the recipient.
(4) The federal police may provide personal data non-public authorities, where this is indispensable to
1.
fulfilling one of the
2.
Defence of a serious impairment of the rights of individuals.
(5) Special legislation on transmission Personal data shall remain unaffected. Non-official table of contents

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

(1) A request for a The police authority or any other public authority of a Member State of the European Union responsible for the prevention and prosecution of criminal offences may provide the Federal Police with personal data for the purpose of the prevention of criminal offences shall be transmitted. For the transmission of these data, the rules on data transmission in the national sector shall apply accordingly.(2) The transfer of personal data as referred to in paragraph 1 shall be admissible only if the request contains at least the following information:
1.
the name and address of the requesting authority,
2.
the name of the offence to which Prevention of data is required,
3.
The description of the facts underlying the request
4.
the naming of the purpose at which the data will be requested
5.
the relationship between the purpose of where the information or findings are requested, and the person to whom that information refers,
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 in the country .
(3) The Federal Police may also, without a request, provide 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. if, on a case-by-case basis, the risk of committing a criminal offence within the meaning of Article 2 (2) of Council Framework Decision 2002/584/JHA of 13 May 2002, The European arrest warrant and the surrender procedures between the Member States (OJ L 327, 22.9.2002, 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 data transmission in the national sector shall apply accordingly.(4) The admissibility of the transfer of personal data by the Federal Police to a police authority or other public body of a Member State of the European Union responsible for the prevention and prosecution of criminal offences the basis of Section 32 (3) or special agreements of international law shall remain unaffected.(5) In the case of a police authority or other public body of a Member State of the European Union within the meaning of paragraphs 1 and 3, which is responsible for the prevention and prosecution of criminal offences, any body designated by that State in accordance with Article 2 (a) shall apply: Council Framework Decision 2006 /960/JHA of 18 May 2006 December 2006 on the simplification of the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (OJ L 327, 28.12.2006, p. 89, L 75 of 15.3.2007, p. 26).(6) Paragraphs 1 to 5 shall also apply to the transmission of personal data to police authorities or other public bodies of a Schengen-associated State responsible for the prevention and prosecution of criminal offences, in the sense of Article 91 (3) of the Law on International Mutual Assistance in Criminal Matters. Non-official table of contents

§ 33 Supplementary rules for transmission

(1) The responsibility for the admissibility of the transmission is 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 such a case, the Federal Police shall only examine whether the request is within the scope of the tasks of the beneficiary, unless there is a special occasion to examine the admissibility of the transmission.(2) The Federal Police has the opportunity to hold the content, the recipient and the date of 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 protected 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. The second sentence of Article 35 (6) applies accordingly.(3) The transmission shall not be carried out 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 interest of the person concerned outweigh the general interest in transmission. 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 are carried out.(3a) The data transmission in accordance with section 32a (1) and (3) shall not exceed the reasons referred to in paragraph 3, even if
1.
this would affect the key security interests of the federal or state governments,
2.
Transmission of data on the principles set out in Article 6 of the Treaty on European Union would be in contradiction,
3.
the data to be transmitted at the time of the do not exist and can only be obtained by the taking of coercive measures, or
4.
the transmission of the data would be disproportionate or the data are not required for the purposes for which they are to be transmitted.
(3b) The data transmission in accordance with § 32a (1) and (3) may also be subject to the data transmission if
1.
the data to be transmitted does not exist in the Federal Police, but without the use of
2.
This would endanger the success of an ongoing investigation or body, life or freedom of a person, or
3.
the act to which the data is to be transmitted is under German law with a maximum term of imprisonment of one year or less.
(4) Are Personal data which may be transmitted in accordance with Section 32 (1) and (2), further personal data of the person concerned or a third party in files in such a way that a separation is not possible or is only possible with disproportionate effort, is the case the transmission of such data shall also be permitted, unless the legitimate interests of the person concerned or of a third party appear to outweigh the legitimate interests of the secrecy. 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 shall not lead to an extension of the circle of the entities designated there. The prohibition of exploitation in accordance with § § 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 have agreed.(7) The establishment of an automated procedure, which enables the transfer of personal data from a file run by the Federal Police, is permissible in accordance with Section 10 (2) to (4) of the Federal Data Protection Act (Bundesdatenschutzgesetz), to the extent that: this form of data transmission, taking into account the legitimate interests of the persons concerned, is appropriate because of the large number of transfers or because of their particular need for an urgent nature. The right to call may only be granted to the bodies referred to in section 32 (1), unless otherwise specified by law.(8) Following the establishment of an automated retrieval procedure in accordance with paragraph 7 for a term of more than three months, the Federal Police shall, on an average of every tenth retrieval for the purposes of data protection control, have the date, the information which: to record the retrieved data records, and to log the service responsible for the retrieval. 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 Federal Data Protection Act. Non-official table of contents

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

(1) Data that is based on the data provided by the Framework Decision 2006 /960/JHA to the Federal Police may only be used for the purposes for which they were transmitted or for the defence of a current and significant risk to public security. For a different purpose or as evidence in a judicial proceeding, they may only be used if the overruling state has consented to it. The conditions laid down for the use of the data shall be taken into account by the country in which the data is transferred.(2) The Federal Police shall, at the request of the mediating State, provide information on the way in which the transmitted data have been used for the purposes of data protection control. Non-official table of contents

§ 34 Reconciliation of personal data

(1) The Federal Police may collect personal data with the contents of files the same that it leads to the fulfillment of the tasks assigned to it or for which it has permission to retrieve,
1.
for police control of cross-border traffic, or,
2.
if reason to accept
the Federal Police may also settle personal data with the collection of documents in the course of the performance of the tasks of the Federal Police. The affected person can be held for the duration of the match.(2) Legislation on the reconciliation in other cases shall remain unaffected. Non-official table of contents

§ 35 Correction, erasure and blocking of personal data

(1) The Federal Police have stored files in files to rectify personal data if it is 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 correctness of stored data and cannot determine the correctness or the incorrectness, the data must be marked accordingly.(2) The Federal Police has to delete personal data stored in files if
1.
Storage of the data is inadmissible or
2.
is determined 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, that: the knowledge of the data for the performance of the tasks of the Federal Police is no longer necessary.
(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, the purpose of which shall be to distinguish between the storage and the nature and severity of the facts. The time limits shall begin with 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 the improvement and security.(4) Personal data of persons referred to in § 21 (2) no. 2, whistlebloc 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 conditions 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 establish 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 is to be destroyed if it is no longer necessary to fulfil the tasks of the Federal Police.(6) The deletion and destruction are not allowed if
1.
is reason to believe that otherwise,
2.
the data needed for ongoing research work or
3.
deletion due to the special nature of the storage or destruction of the file is not possible or can only be done with disproportionate effort.
In these cases, the data and to provide the documents with a corresponding blocking note. Section 29 (6), second sentence, shall apply mutamatters to cases of sentence 1 (2).(7) Personal data may only be used for the purpose for which they have been blocked or to the extent that this is indispensable in order to remedy an existing burden of proof or to avert a significant risk.(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 purpose of safeguarding the protection of the data. protection of the interests of the person concerned is necessary.(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 such documents are of permanent value within the meaning of Section 3 of the Federal Archives Act. Non-official table of contents

§ 36 Enforcement order

(1) The Federal Police has conducted for each of the tasks pursuant to § § 1 to 7 for the performance of the tasks. an automated file containing personal data in an order of establishment which requires the consent of the Federal Ministry of the Interior to be determined:
1.
Name of the file,
2.
Legal basis and purpose of the file,
3.
The group of people over which data is stored,
4.
Types of personal to be stored Data,
5.
Types of personal data that are used to develop the file
6.
Delivery or input of the data to be saved,
7.
Prerequisites, among which are stored Personal data to which recipients and in what procedure are transmitted,
8.
Test rists and storage duration,
9.
Logging.
(2) Before the order is issued, the Federal Commissioner for Data Protection is to be heard. The erection order may be provisionally issued if the prior hearing is not possible due to the urgency of the fulfilment of the duties.(3) At reasonable intervals, the need to continue or modify the files should be reviewed. Non-official table of contents

§ 37 Application of the Federal Data Protection Act

In the performance of the Federal Police in accordance with § § 1 to 7 above § 3 para. 2 and 8 sentence 1, § 4 para. 2 and 3, § § 4b, 4c, 10 para. 1, § § 13, 14 para. 1, 2 and 5, § § 15, 16, 18 para. 2 sentence 2 and 3 as well as § § 19a and 20 of the Federal Data Protection Act no application.

Part 3
Placement, custody, search

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§ 38 Placement of space

The federal police may be To prevent a person from temporarily referring a person from a place or temporarily banning the entry of a place. Non-official table of contents

§ 39 custody

(1) The federal police can take a person into custody if this is
1.
is required to protect the person against a danger to life or life, especially because the Person recognizable in a state of free will, or otherwise in a helpless position,
2.
is indispensable to a place expulsion after § 38, or
3.
is indispensable for the imminent observance or continuation of a criminal offence or of a significant lack of regularity. (
)
Federal Police may take into custody minors who have been unlawfully removed from or withdrawn from the custody of the person entitled to the custody of the person, in order to ensure that they are not in the right to Persons entitled to care or to the youth welfare office can be supplied.(3) The Federal Police may depart from the execution of pre-trial detention, custodial sentences, juvenile punishments or custodial measures of the improvement and security, or otherwise without permission outside the Detention centre or an institution in accordance with § § 63 and 64 of the Penal Code, in custody, so that it can be returned to the institution.(4) The Federal Police may take a person into custody in order to comply with a request which has a deprivation of liberty on the content. Non-official table of contents

§ 40 Judge decision

(1) If a person becomes a person on the basis of § 23 (3) sentence 4, § 25 (3), § 39 para. 1 or 2, or § 43 (5), the Federal Police shall immediately bring about a judicial decision on the admissibility and continuation of the deprivation of liberty, unless it is likely that the judicial decision would be brought to an end to take longer than is necessary to implement the measure.(2) The decision referred to in paragraph 1 shall be taken by the local court in whose district the person is held. The procedure is based on 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 shall also submit, together with the request, the judicial decision on the admissibility of the 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. Non-official table of contents

§ 41 Treatment of detained persons

(1) If a person becomes a person on the basis of § 23 (3) sentence 4, § 25 (3), § 39 or § 43 Paragraph 5 shall immediately be notified to the Commission of the reason for this measure and the legal remedies permitted.(2) The detained person shall be immediately given an opportunity to notify a family member or 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 judicial deprivation of liberty shall remain unaffected.(3) The detained person shall not be placed in the same room with criminal or investigative prisoners separately, 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. Non-official table of contents

§ 42 Duration of deprivation of liberty

(1) The detained person is to be dismissed,
1.
once the reason for the action has fallen away,
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 attack, if not before the continuation of the deprivation of liberty by a judge's decision.
The The continuation of the deprivation of liberty can only be ordered in the cases of § 39 paragraph 1 no. 3 by a judicial decision, if a criminal offence under the § § 125, 125a of the Criminal Code or a community , 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. Non-official table of contents

§ 43 search of persons

(1) The federal police may, except in the cases of § 23 (3) sentence 5, a person search if
1.
they are held under this law or other legislation
2.
May justify the assumption that it will lead to things that are allowed to be seized
3.
it is recognizable in a free-will-determination state or otherwise in a helpless location or
4.
they are in an object within the meaning of § 23 (1) no. 4 or in the immediate vicinity of the object and justify the assumption that criminal offences are to be committed there, by the persons or persons present in or on these objects themselves, and the search is necessary due to the hazard situation or to the person-related clues.
(2) The Federal Police may also search a person for the tasks referred to in § 7 if they
1.
of the places referred to in section 23 (2) (1),
2.
shall be held in an object within the meaning of section 23 (2) no. 2 or in the immediate vicinity thereof, and facts shall be To justify the fact that, in or on these objects, offences are to be committed, by which persons or persons present in or on such objects are directly at risk, and the search on the basis of the hazard situation or to the person-related clues.
(3) The federal police may, in accordance with this law or other legislation, identify a person whose identity is to be determined in accordance with this law or other legislation, by means of weapons, explosives and others. Search dangerous objects if this is necessary in the circumstances in order to protect the official of the Federal Police, the person himself or a third party against a danger to life or limb.(4) Persons may only be searched by persons of the same sex or by physicians; this shall not apply if the immediate search is necessary to protect against a danger to life or limb.(5) The person may be detained and taken to the service if the search cannot be carried out in any other way or only under considerable difficulties. Non-official table of contents

§ 44 Search of things

(1) The Federal Police may, except in the cases of section 23 (3) sentence 5 and paragraph 5, sentence 2, a Search a matter if
1.
is carried by a person who searches for § 43 may,
2.
Facts the assumption that there is a person in it who is
a)
allowed to be taken into custody
b)
unlawfully held or
c)
helpless,
3.
The facts justify the assumption that there is another thing that can be ensured, or
4.
they are located in an object within the meaning of § 23 (1) no. 4 or in the immediate vicinity of the object and justify the assumption that in or on these objects , by which persons or persons present in or on such objects are themselves directly at risk, and the search shall be required on the basis of the hazard situation or of the items of evidence relating to the case .
(2) In the border area up to a depth of thirty kilometres, the Federal Police can also prevent or prevent illegal entry into the territory of the Federal Republic of Germany or the prevention of criminal offences within the meaning of Article 12 (1) (1) (1) of the German Federal Police Office (Bundespolizei). Search through 4 searches. 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; in addition, only in accordance with the provisions of the second sentence of Article 2 (2) of the Law.(3) In order to carry out the tasks according to § 7, the Federal Police may also search a matter if
1.
it is located at one of the places referred to in § 23 para. 2 no. 1,
2.
it is located in an object within the meaning of § 23 para. 2 no. 2 or in the immediate vicinity thereof and the facts justify the assumption that offences are to be committed there, by which persons or persons present in or on such objects are themselves directly at risk, and the search is due to the risk situation or to the situation of the person who is not responsible for the crime. is required for the cause of the case, or
3.
is a land, water, or aircraft in which a person is located, whose identity is in accordance with section 23 (2) no. 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 the search. Non-official table of contents

§ 45 Entry and search of apartments

(1) The Federal Police may have an apartment without the holder's consent. enter and search when
1.
The assumption justifies the assumption that a person is in her , which may be referred to in accordance with Section 25 (3) or taken into custody in accordance with Section 39,
2.
Facts justify the assumption that there is one thing in it, which may be seized in accordance with Section 47 (1), or
3.
to prevent a present danger for the body, life or freedom of a person or for the property of an important value is required.
The apartment comprises the residential and ancesthood rooms, work rooms, operating rooms and business premises as well as other satisfactory possessions.(2) During the night period (Section 104 (3) of the Code of Criminal Procedure), entering and searching for an apartment is only permitted in the cases referred to in paragraph 1 (3).(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 if the facts justify the assumption that experience has shown that: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
Person offences within the meaning of § 12 (1) no. 2 and 3, prepare or
2.
hide people who have committed such offences, or
3.
Persons without the required residence permit shall meet.
(4) In order to fulfil the tasks in accordance with § 7, the Federal Police may enter dwellings for the prevention of urgent risks at any time if the facts justify the assumption that there is experience in the
1.
To arrange, prepare, practice, or
2.
hiding offenders.
(5) Working, operating and business spaces, as well as other spaces and land accessible to the public, may be used for the purpose of Security of security within the framework of the tasks assigned to the Federal Police during the working, business or residence time are entered. Non-official table of contents

§ 46 Procedure in the search of apartments

(1) searches allowed, except in the event of danger in default, only through the Judges are arranged. The district court, in whose district the apartment is located, is responsible. The provisions of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction shall apply in accordance with the procedure.(2) During the search of an apartment, the owner of the apartment has the right to be present. If it is absent, it shall be possible, if possible, to add his or her 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 does not jeopardise the purpose of the measures.(4) A transcript shall be made on the search. 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) Where it is not possible to make a copy or a copy of a copy in accordance with the particular circumstances of the case, or if it is likely to jeopardise the purpose of the search, the owner of the residence or the person who has been added shall be the only person to whom the copy is made. Confirm the search in writing with the responsible department and the time and place of the search.

Part 4
Supplementary provisions

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§ 47 Assurance

The federal police can ensure 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 thing or
3.
if it is carried by a person who is being held under this law or other legislation, and the thing can be used to
a)
to kill or to be hurt,
b)
damaging the life or health of others,
c)
damage foreign stuff or
d)
allowing yourself or another to escape or facilitate
unofficial table of contents

§ 48 Preservation

(1) Insured items are to 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 custody may also be transferred to a third party.(2) A certificate shall be issued to the person concerned, which shall indicate the reason for the guarantee and shall identify the items to be seized. 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 item 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 a person entitled to the right.(4) The goods are to be recorded and marked in such a way that confusion is avoided. Non-official table of contents

§ 49 Recovery, Destruction

(1) The recovery of a seized item is permitted if
1.
threatens your spouse or a significant impairment,
2.
its safekeeping, maintenance, or maintenance is associated with disproportionately high costs or difficulties,
3.
because of its nature, it cannot be kept in such a way that further threats to public safety or order are excluded,
4.
it cannot be issued to an authorized person after a period of one year without re-entering the conditions of the guarantee, or
5.
the person entitled did not pick it up within a reasonable period of time, although a notice has been sent to him on the time limit with the indication that the case is being recovered if it is not collected within the time limit.
(2) The person concerned, the owner and other persons who have a right to the cause shall be heard before the recovery. The arrangement and the time and place of recovery shall be communicated to them in so far as the circumstances and the purpose of the measures allow it.(3) The case shall be recovered by public auctioning; Section 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) Seized property may be rendered unusable or destroyed if
1.
in the case of a Exploitation of the reasons for which they are entitled to continue to exist, or if the reasons for security are to be re-established, or
2.
for other reasons is not possible.
paragraph 2 shall apply accordingly. Non-official table of contents

§ 50 Issuing of insured items or the proceeds, costs

(1) As soon as the conditions are met for the have fallen away, the things to be made to those 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 authorization credible. The publication shall be excluded if the conditions for a guarantee would once again be met.(2) If the goods have been recovered, 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 matter has been recovered.(3) The costs of safeguarding and safekeeping shall be borne by those responsible pursuant to § 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 may be recovered in the administrative enforcement procedure.(4) § 983 of the Civil Code remains unaffected.

Section 3
Damage compensation

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§ 51 To compensate for mandatory facts

(1) Someone suffers
1.
as a result of a lawful use in accordance with § 20 (1) or
2.
by a measure based on § § § 20 (1) or " 62 (1)
1) shall be compensated for by appropriate compensation.(2) Paragraph 1 shall apply mutagens if a person
1.
is due to an unlawful measure or
2.
as an uninvolved third party
in the performance of the tasks of the Federal Police.(3) The compensation of the damage shall also be granted to persons,
1.
who, with the agreement of the competent authority have voluntarily participated in the performance of tasks of the Federal Police or provided things,
2.
ordered according to § 63, para. 2 to the auxiliary police officer
and have suffered damage as a result.(4) Further claims for compensation, in particular from the breach of the official duties, shall remain unaffected. Non-official table of contents

§ 52 Content, type and extent of compensation

(1) The compensation in accordance with § 51 shall in principle only be for property damage is granted. Compensation for lost profit beyond the default of ordinary earnings or usage charges and for disadvantages which are not directly related to the regulatory action shall be granted only if and as far as this is necessary to avert unreasonable hardship.(2) In case of injury to the body, health or freedom, the damage which is not property damage shall also be compensated for by cheap compensation.(3) The compensation shall be granted in cash. If the measure which is compulsory for the compensation has the effect of cancellation or reduction of the earning capacity or a multiplication of the needs or the loss or impairment of a right to maintenance, the compensation shall be replaced 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 shall not be precluded by the fact that another person has to provide support to the injured party.(4) Claims against third parties shall be granted to the injured party, in so far as such claims correspond to the content and extent of the compensation claim, the compensation shall be granted only against the assignment of those claims.(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 property has been protected by the measure of the authority. 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 the has been caused or has been caused by the authority. Non-official table of contents

§ 53 Compensation in the event of death

(1) In the case of the killing, the costs of the burial shall be the costs of the burial in the context of Section 52 (5). , which 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 relationship on the basis of which he was subject to the law or could be subject to maintenance obligations, and is entitled to the third party as a result of the killing The third party may, within the limits of section 52 (5), require an appropriate compensation to the extent that the person who has been killed would have been obliged to provide the maintenance during the presumed period of his life. Section 52 (3) sentence 3 to 5 shall apply accordingly. The compensation can also be demanded if the third party was conceived at the time of the injury, but was not yet born. Non-official table of contents

§ 54 Statute of limitations on the compensation claim

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

§ 55 Compensation for compensation, compensation claims

(1) The Federal Republic of Germany is subject to compensation. This shall also apply to official acts of an official of the police of the country pursuant to § 64 (1).(2) The Federal Republic of Germany may require the persons responsible in accordance with § § 17 and 18 to compensate for their expenses if they have granted compensation pursuant to section 51 (1), para. 2 no. 2 or para. 3. If more than one person is responsible side by side, they are liable as a total debtor.(3) Where compensation has been granted on the basis of an official act of an official of the police of the country pursuant to Article 64 (1) only on the basis of the manner in which a measure is carried out, the Federal Republic of Germany may, in the service of that country, Officials shall require reimbursement of their expenses, unless they themselves bear the responsibility for the manner in which they are carried out. Non-official table of contents

§ 56 Legal Path

For claims for compensation, the ordinary legal path, for claims on remission replacement, is the right Section 55 (2) and (3) of the Administrative Right Path.

Section 4
Organization and responsibilities

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§ 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 Office (Bundespolice headquarters) is subject to the authority of the Federal Police Office as subagency and the Federal Police Academy. The Federal Police Presidium is directly responsible for the Federal Ministry of the Interior.(3) (omitted) (4) The Federal Police Academy is the central training and training centre of the Federal Police.(5) The number and registered office of the federal police authorities shall be determined by the Federal Ministry of the Interior, the seat after consultation of the country concerned.(6) The numerical strength of the Bundespolizei is calculated from the budget. Non-official table of contents

§ 58 Sachliche und territorial jurisdiction

(1) The Federal Ministry of the Interior regulates the factual information by means of a legal regulation. and local authority of the individual federal police authorities.(2) Officials of the Federal Police may carry out official acts in the entire area of responsibility of the Federal Police. They are to act as a rule within the competence of their authority.(3) Officials of the Federal Police may also continue the prosecution of a fugitive beyond the territorial areas of jurisdiction of the Federal Police, referred to in § 1 (7) and (6), and seize the fugitive. Non-official table of contents

§ 59 Association policy task perception

(1) The federal police force the forces of the associations and units of the Federal police mainly for measures that require the use of closed associations or units.(2) If the defence of a danger within the jurisdiction of the Federal Police requires the use of closed bandages or units, the necessary measures shall be taken in consultation with the police of the country. Non-official table of contents

§ 60 Use of helicopters

The federal police have helicopters in accordance with the budget police use and means of transport as well as for the transport of members of the constitutional bodies of the federal government, 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 it is not concerned with the use of helicopters as a police operation. and means of transport. Non-official table of contents

§ 61 Cross-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 known in the Federal Gazette.(2) The Federal Police shall, in consultation with the main customs office, determine the traffic hours for the individual border crossing points in accordance with the traffic requirement and make them known by way of a slope at the border crossing point.(3) The Federal Police may grant permission to persons or groups of persons to cross the border outside the approved border crossing points, outside the stipulated traffic hours or with other modes of transport other than the authorised transport modes; if there is a particular need for it and do not stand in the way of public matters. The border permit may be granted subject to conditions and shall also be subject to conditions and fixed for a period of time; it may be revoked at any time.(4) Where a country, in agreement with the Federal Government, carries out tasks of the national border police service with its own forces, it may be determined in the agreement pursuant to Article 2 (3) that the authorities or departments of the police force of the country shall be replaced by the The Federal Police shall act in accordance with paragraphs 2 and 3.(5) Insofar as the customs administration is entrusted with tasks pursuant to § 2 by means of a regulation in accordance with § 68 sentence 1 for exercise, it may be determined in the legal regulation that authorities of the customs administration act in lieu of the Federal Police pursuant to paragraph 3. Non-official table of contents

§ 62 Supporting obligations

(1) The Federal Police may, as far as is required to carry out their tasks pursuant to § 2 is,
1.
Enter land with the exception of buildings and drive,
2.
require property owners and owners to release a border path, set up passageways or transitions, bridge water trenches, or attach Tolerate boundary markers or warnings,
3.
set border markers or warning notices at your own cost, set up border paths, passageways, 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: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
the officers assigned to perform these tasks access to their assets and free of charge,
2.
to carry them free of charge when carrying out these tasks,
3.
To inform the services responsible for the performance of these tasks in good time and free of charge, as well as the actual traffic movements.
(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 effort goes beyond the level that is customary for institutions of the Federal Police, it is not remunerated.(4) The Federal Police may require the companies referred to in paragraph 2 to provide further facilities and services which are related to the performance of tasks of the Federal Police in accordance with § § 2 to 4a and which are to be attributed to them according to the circumstances. can be. § 8 (1) sentence 1 No. 1 second half-sentence of the Air Security Act remains unaffected. The undertakings referred to in paragraph 2 may require payment of their cost of self-payment.(5) A flat-rate fee may be agreed for the remuneration to be paid by the Federal Police.(6) Federal Transport Administrations shall be deemed to be undertakings within the meaning of the preceding paragraphs. Non-official table of contents

§ 63 Enforcement Service, auxiliary police officers

(1) The activities of the enforcement service in the Federal Police are usually Police enforcement officers.(2) The Federal Police may take appropriate persons to carry out certain tasks
1.
during the monitoring borders and in the control of international traffic (§ 2 para. 2 no. 1 and 2),
2.
in the defence of hazards in the area of railway systems of the Federal Railways (§ 3),
3.
to protect against air traffic security (§ 4) or
4.
to protect federal and federal constitutional bodies (§ 5) and to secure federal police institutions (§ 1 para. 3)
on auxiliary police officers, insofar as 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 shall have the powers of officials of the Federal Police. However, they are not entitled to apply direct coercion in accordance with § § 9 to 14 of the law on the direct coercion in the exercise of public authority by law enforcement officers of the federal government.(4) The Federal Ministry of the Interior shall determine the federal police authorities responsible for the supervision of the auxiliary police officers and their order. Non-official table of contents

§ 64 Official acts of police officers of the federal states, as well as law enforcement officers of other federal authorities or other states.

(1) Police law enforcement officers in a country may carry out official acts to carry out duties of the Federal Police
1.
on request or with the consent of the competent federal police authority,
2.
to defuse a at present danger, in the prosecution of criminal offences within the meaning of Section 12 (1) of the German Federal Police Office (Bundespolizei) and in the prosecution and re-seizure of the custody of the Federal Police, if the competent federal police authority has the necessary Measures cannot be taken in good time.
In the cases referred to in point 2, the competent federal police authority shall be informed without delay.(2) Where 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) Paragraph 1 shall apply mutatily to the law 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. They shall be subject to the instructions of 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 May 2008 /615/JHA of 23 May 2006. June 2008 on the deepening of cross-border crime (OJ L 327, 28. 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 on the basis of Council Decision 2008 /615/JHA of 23 June 2008 21 June 2008 (OJ C 327, 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, be subject to the conditions laid down in Article 63 (2) to (4), in accordance with the provisions of Section 63 (2) to (4) applicable to the appointment of auxiliary police officers Full service in the Federal Police. Non-official table of contents

§ 65 Officials of federal police officers in 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 so far as agreements under international law or Council Decision 2008 /615/JHA of 23 May 2007. 21 June 2008 (OJ C 327, 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 on a case-by-case basis. Non-official table of contents

§ 66 Officials of Officials of the Customs Administration in the Competence of the Federal Police

(1) The Federal Ministry In agreement with the Federal Ministry of Finance, the Home Office may, in agreement with the Federal Ministry of Finance, carry out tasks of police control of international traffic (section 2 (2) no. 2) at individual border crossing points , to the extent that it simplifies the handling of cross-border travel.(2) If officials of the customs administration carry out tasks as referred to in paragraph 1, they shall have the same powers as officials of the Federal Police. 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. Non-official table of contents

§ 67 Officials of Officials of the Federal Police under the jurisdiction of the Customs Administration

(1) The Federal Ministry In agreement with the Federal Ministry of the Interior, finances 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 cross-border customs duties. Travel travel is simplified.(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 deemed to be measures of customs administration. The Federal Ministry of Finance and the subordinated customs services are exercising their professional supervision in this respect. Non-official table of contents

§ 68 Perception of tasks by the customs administration

The Federal Ministry of the Interior may, in agreement with the Federal Ministry of Finance transferred to customs administration for exercise by means of legal regulation
1.
the police control of cross-border traffic (§ 2 para. 2 no. 2) at individual border crossing points,
2.
other tasks according to § 2.
If the customs administration performs tasks according to sentence 1, § 66 para. 2 shall apply accordingly.

Section 5
Final Provisions

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§ 69 Administrative regulations

The Federal Ministry of the Interior shall issue the Implementation of this law in the area of the federal administration required general administrative provisions. Non-official table of contents

§ 69a Penal Money Provisions

(1) Contrary to the law, who intentionally or negligently provides a fully-enforceable arrangement according to § The first paragraph of Article 31a (1).(2) The administrative offence can be punished with a fine of up to fifty thousand euros.(3) The administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences is the federal police authority determined in accordance with Section 58 (1) of the Legal Regulation. It shall notify the Federal Aviation Office of the imposition of a fine as referred to in paragraph 1. Unofficial table of contents

§ 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 para. 2 sentence 2 of the Basic Law), the telecommunications secrecy (Article 10 of the Basic Law) and the free movement of persons (Article 11 (1) of the Basic Law) are restricted in accordance with this law. The fundamental right of the inviolability of the apartment (Article 13 of the Basic Law) is restricted by § § 45 and 46.

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