Law governing the regulation of the law of the committees of inquiry of the German Bundestag

Original Language Title: Gesetz zur Regelung des Rechts der Untersuchungsausschüsse des Deutschen Bundestages

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Law governing the regulation of the law of the committees of inquiry of the German Bundestag (Committee of Inquiry into the Committee of Inquiry-PUAG)

Unofficial table of contents

PUAG

Date of completion: 19.06.2001

Full quote:

" The Committee of Inquiry of 19 June 2001 (BGBl. 1142), as defined by Article 4 (1) of the Law of 5 May 2004 (BGBl. 718).

Status:

Amended by Art. 4 (1) G v. 5.5.2004 I 718

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 26.6.2001 + + +)
The G was decided by the Bundestag as Article 1 G of 19.6.2001 I 1142 and is in accordance with. Art. 3 of this G mWv 26.6.2001 entered into force. Unofficial table of contents

§ 1 Establishment

(1) The Bundestag shall have the right and, at the request of one quarter of its members, the obligation to set up a committee of inquiry. (2) The institution shall be set up by decision of the Bundestag. (3) An examination procedure shall be admissible within the framework of the constitutional competence of the Bundestag. Unofficial table of contents

§ 2 Rights of the qualified minority when it is set up

(1) If the appointment of a quarter of the members of the Bundestag is requested, the Bundestag shall immediately decide to appoint them. (2) The decision to be taken by the Bundestag shall not alter the object of the investigation referred to in the application for inclusion, it shall: (3) If the Bundestag considers the application for a petition to be partially unconstitutional, the Committee of Inquiry shall be set up with the proviso that its investigations shall be based on those parts of the To limit the subject of the inquiry, which the Bundestag does not unconstitutional. The right of the applicant to appeal to the Federal Constitutional Court for the partial rejection of the application for the application shall remain unaffected. Unofficial table of contents

§ 3 Subject of the investigation

The committee of inquiry shall be bound by the investigative mission assigned to it. A subsequent amendment of the investigation order requires a decision of the Bundestag; § 2 para. 2 is to be applied accordingly. Unofficial table of contents

§ 4 Composition

The Bundestag shall determine the number of ordinary and equal numbers of the deputy members of the committee of inquiry. On the one hand, the assessment of the number has to reflect the majority ratios and, on the other hand, the task and the working capacity of the committee of inquiry must be taken into account. Each group must be represented. The consideration of groups is governed by the general decisions of the Bundestag. The number of seats to be allocated to the fractions shall be according to the procedure of the mathematical proportion (St. Lague/Schepers). Unofficial table of contents

§ 5 Members

The ordinary and deputy members shall be appointed and dismissed by the political groups. Unofficial table of contents

§ 6 Presidency

(1) For the Presidency of the committees of inquiry, the political groups shall be taken into account in proportion to their strength. The committee of inquiry shall determine the member who chairs the chair from among its members in accordance with the agreements reached in the Council of Elders. (2) The chairman or chairperson shall forward the investigation procedure and shall be responsible for the decision of the Bundestag to act in accordance with the provisions of the Bundestag and to the decisions of the Committee of Inquiry. Unofficial table of contents

Section 7 Deputy Chairmanship

(1) The Committee of Inquiry shall, in accordance with the agreements reached in the Council of Elders, designate a member for the vice-chairmanship; that member must belong to a group other than that of the chairperson. (2) The deputy Chairman shall have all the rights and duties of the absent chairman. Unofficial table of contents

Section 8 convening

(1) The chairman shall convene the committee of inquiry, indicating the agenda. (2) He or she shall be obliged to convene a meeting on the next possible date within the time schedule, if this is done by a quarter of the Members of the Committee of Inquiry shall be required to indicate the agenda. (3) To convene a meeting outside the schedule or outside the Bundestag's permanent meeting place, the Chairman or Chairperson shall be entitled only if a meeting is held the request of one-quarter of the members of the committee of inquiry the President of the Bundestag or the President of the Bundestag shall have given the approval. Unofficial table of contents

Section 9 Decision-making capacity

1. The committee of inquiry shall be quorum if the majority of its members are present. It shall be deemed to be a quorum, as is not the case at the request of the quorum. (2) If the quorum is found, the Chairman shall immediately interrupt the sitting for a certain period of time. If, after the expiry of that period, the committee of inquiry has not yet become a quorum, a new sitting shall be convened without delay. In that meeting, the committee of inquiry shall be quorum, even if the majority of its members are not present; this shall be indicated in the invitation. (3) In the event of a quorum, the committee of inquiry shall not be allowed to: (4) Unless otherwise provided for in this Act, the Committee of Inquiry shall decide by a majority of the votes cast. In the event of a tie, the application shall be rejected. Unofficial table of contents

Section 10 Investigation officer

1. The Committee of Inquiry shall, at any time, have the right and, at the request of one quarter of its members, the obligation to decide on its assistance an investigation carried out by one or one investigative officer. The investigative task shall be limited to a maximum of six months. (2) The investigator or investigator shall be appointed within three weeks of the decision referred to in paragraph 1 by a majority of two-thirds of the members present. determined. If this provision is not made within the time limit, the chairman, in agreement with the deputy and in consultation with the members of the committee of inquiry, shall, within a further three weeks, determine the person of the committee or the Investigators. (3) Investigation officers usually prepare the investigation by the investigative committee. They procure and view the necessary evidence. In accordance with § 18, you have the right to submit evidence and, in accordance with § 19, the right of receipt of the eye. They may assert claims in accordance with § 30. If the rights under sentence 3 or 4 are not granted voluntarily, a decision must be taken in accordance with Section 17 (1). Investigators will be able to listen to people informally. They shall be responsible for the entire committee of inquiry. The results of their activities shall be available to all members of the committee of inquiry. Upon completion of their investigation, investigative officers shall report to the Committee of Inquiry on the outcome of a written and oral report. They shall submit a proposal to the Committee of Inquiry on the further course of action. In the case of transport to the outside, they have to maintain the due restraint; they do not release public statements. (4) Investigators are independent in the context of their assignment. They may be dismissed at any time by a majority of two-thirds of the members present. You have the right to use appropriate auxiliary staff for your investigative mission. Unofficial table of contents

§ 11 Logging

(1) A protocol shall be drawn up on the meetings of the Committee of Inquiry. (2) Surveys shall be recorded in a literal way. For the purposes of logging, the taking of evidence may be recorded on record carriers. (3) The Committee of Inquiry shall decide on the type of logging of the deliberations. Unofficial table of contents

§ 12 Meetings for advice

(1) The deliberations and resolutions of the Committee of Inquiry shall not be open to the public. (2) The Committee of Inquiry may allow the designated staff members of the political groups to enter. (3) About the nature and scope of communications to the public from non-public meetings, the Committee of Inquiry shall decide. Unofficial table of contents

Section 13 Sessions on the taking of evidence

(1) The survey shall be carried out in public session. Sound and film recordings as well as audio and video transmissions are not permitted. The Committee of Inquiry may allow exceptions to the first sentence. Exceptions to the second sentence require a majority of two thirds of the members present as well as the consent of the persons to be heard or heard. (2) § § 176 to 179 of the Law on the Law of Justice on the maintenance of the order in of the meeting shall be applicable. Unofficial table of contents

Section 14 Exclusion of the public

(1) The committee of inquiry shall exclude the public if:

1.: circumstances arising out of the personal sphere of life of witnesses or third parties whose public discussion would be in breach of legitimate interests which are worthy of protection;
2.: to endanger the life, body or freedom of individual witnesses or any other person;
3.: -a commercial, operational, inventive or tax secrecy is raised which, by its public discussion, would infringe the overriding interests of protection;
4.: prevent particular reasons for the welfare of the Federal Republic of Germany or of a country, in particular if disadvantages are to be provided for the security of the Federal Republic of Germany or its relations with other States.

(2) The committee of inquiry may allow individual persons to take evidence of non-public evidence; § 12 para. 2 shall apply accordingly. (3) In order to submit an application to the exclusion or restriction of the public, the following shall be entitled:

1.: Members of the Committee of Inquiry present,
2.: Members of the Federal Council, the Federal Government and their representatives,
3.: Witnesses, experts and other persons of information.

(4) The committee of inquiry shall decide on the exclusion or restriction of the public. The chairman or the chairman shall state the reasons for the decision of the committee of inquiry to be held in public. Unofficial table of contents

§ 15 Secrecy protection

(1) Evidence, evidence and deliberations may be provided by the Committee of Inquiry with a degree of classification. Before a decision is made in accordance with the first sentence, the chairman or the chairman may make a preliminary classification. (2) The decision on the classification shall be determined in accordance with the secret protection order of the Bundestag. Article 14 (3) shall apply accordingly. (3) Unless otherwise provided by this Act, the secrecy of the classified information shall apply to the treatment of classified information as well as to secret, secret and confidential meetings and to their logging. Bundestag. Unofficial table of contents

Section 16 Access to classified information and secrecy

(1) classified information of the VS-CONFIDENTIAL classification and above which has been classified by the Committee of Inquiry or obtained by another issuing body shall be subject only to the members of the Committee of Inquiry, to the members of the Committee of Inquiry The Federal Council and the Federal Government, as well as their representatives, are made available. Investigators, the assistants and staff of the members of the committee of inquiry, the secretariat and the political groups in the committee of inquiry may be made available to investigators, (2) The members of the Committee of Inquiry, investigators and the employees referred to in paragraph 1, and the staff of the Committee of Inquiry, and the staff of the Committee of Inquiry, Auxiliary staff shall also be obliged, after the dissolution of the Committee, to: to maintain secrecy in the case of classified information referred to in paragraph 1. Without the permission of the President or the President of the Bundestag, they shall not be able to testified before the courts or out of court. Article 44c (2), second sentence, and (3) of the Act of Representatives shall apply accordingly. (3) If a member of the committee becomes a foreign secret, in particular a secret belonging to the personal life area, or an operating or business secret in the Within the framework of the investigation, it may only disclose this secret if it has been authorized by the authorized person. This shall not apply if the disclosure of the secret is legally required. Unofficial table of contents

Section 17 Evidence of evidence

(1) The Committee of Inquiry shall collect the evidence provided by the investigative mission on the basis of evidence. (2) Evidence should be raised if requested by a quarter of the members of the Committee of Inquiry, unless the Evidence of proof is inadmissible or the evidence is unattainable even after application of the means of coercive action provided for in this Act. (3) The order of the hearing of witnesses and experts should be as possible as possible in the Committee of Inquiry shall be determined by common accord. In the event of a quarter of the members of the Committee of Inquiry, the provisions of the Rules of Procedure of the Bundestag shall apply to the order of the speeches. (4) The Committee of Inquiry shall, in accordance with the provisions of the Rules of Procedure, draw Application in accordance with § 21 (1), § 27 (1), § 28 (6) and § 29 (2) sentence 1, the members of the investigating magistrates or the investigating judge of the Federal Court of Justice shall decide on the application of the application for the application of the The collection of evidence or the arrangement of the coercive means. Unofficial table of contents

Section 18 Presentation of evidence

(1) The Federal Government, the Federal Government's authorities and the federal bodies, institutions and foundations of public law shall be obliged, subject to constitutional limits, to request the Committee of Inquiry (2) The decision on the request referred to in paragraph 1 shall be taken by the competent Federal Minister or by the relevant Federal Minister, insofar as it does not comply with the provisions of the Law of the Federal Government is reserved. If the request is rejected or if the evidence is classified as classified, the Committee of Inquiry shall be informed in writing of the reasons for the refusal or the classification. (3) At the request of the committee of inquiry or of a quarter of its members, the Federal Constitutional Court decides on the legality of the rejection of a request, the investigating magistrate or the investigating judge of the Federal Court of Justice on the legality of a classification. (4) Courts and administrative authorities are required to provide legal and administrative assistance, in particular to provide evidence of the material of the material in question. The investigating magistrate or the investigating judge of the Federal Court of Justice shall decide on disputes at the request of the committee of inquiry or of a quarter of its members. Unofficial table of contents

§ 19 Eye-sight

§ 18 (1) to (3) of the first half-sentence and (4) are applicable to the taking of an eye-appearance. Unofficial table of contents

§ 20 Load of witnesses

(1) Witnesses shall be obliged to appear on the summons of the Committee of Inquiry. § 50 of the Code of Criminal Procedure does not apply. (2) In the summons, witnesses are to be informed about the subject of evidence, to lecture on their rights and to the legal consequences of the whereabouts as well as to point out that they have a legal status. To be able to add to their confidence in the questioning. Unofficial table of contents

§ 21 Consequences of the whereabouts of witnesses

If duly loaded witnesses do not appear, the Committee of Inquiry may impose on them the costs of their failure, fix a monetary allowance of up to € 10,000 and order their forcibly presiceration. In the event of repeated leeway, the order fee may be fixed once more. § 135 sentence 2 of the Code of Criminal Procedure is to be applied. (2) Measures under paragraph 1 shall not be taken if witnesses give sufficient apology to their failure in good time. If the absence is subsequently made sufficiently apologised, the orders taken in accordance with paragraph 1 shall be repealed if the witnesses make it credible that they are not at fault in the delay. Unofficial table of contents

Section 22 Testimonial and denial of information

(1) The provisions of § § 53 and 53a of the Code of Criminal Procedure shall apply accordingly. (2) Witnesses may refuse to provide information on questions, their answers to them or persons who are their relatives within the meaning of Section 52 (1) of the Code of Criminal Procedure, (3) At the beginning of the first hearing, witnesses to the case are to be lecturing on the rights set out in paragraphs 1 and 2. (4) The facts, on the other hand, are the subject of the the individual witnesses shall support the denial of their testimony, shall be upon request to make it credible. Unofficial table of contents

Section 23 questioning of public officials

(1) § 54 of the Code of Criminal Procedure is to be applied. (2) The Federal Government is obliged to grant the necessary excercises; Section 18 (1) to (3) of the first half-sentence shall apply accordingly. Unofficial table of contents

Section 24 questioning of witnesses

(1) Witnesses shall be heard individually and in the absence of witnesses to be heard later. (2) A juxtaposition with other witnesses shall be admissible if it is necessary for the purpose of the investigation. (3) Before the hearing, the Chairman or Chairperson shall have the following: To admonish the truth, to explain to them the object of the testimony and to lecture them on the criminal-law consequences of an incorrect or incomplete statement. (4) The chairman or the chairperson shall hear the witnesses to the person. At the beginning of the questioning of the object, the witness is given the opportunity to present what is known to them by the object of their questioning. (5) For the purpose of enlightenment and for the completion of the statement and for the exploration of the reason, on which the knowledge of the witnesses is based, may first ask the chairman or the chairperson further questions. The other Members will then give the floor to questions. The rules of the Rules of Procedure and the practice of the Bundestag on the order of speeches and the organisation of debates shall be laid down in order to determine the order and the duration of the exercise of the faction of the various political groups. , unless the Committee of Inquiry unanimously decides otherwise. (6) § 136a of the Code of Criminal Procedure shall apply accordingly. Unofficial table of contents

Section 25 Admissibility of questions to witnesses

(1) The Chairman or Chairperson shall reject any unsuitable or non-related issues. Witnesses may ask the chairman or the chairman to reject questions. In the case of doubt on the admissibility of questions and on the legality of its refusal, the committee of inquiry shall, at the request of its members, decide whether to reject a question requiring a majority of two-thirds of the questions present (2) The Committee of Inquiry decides the inadmissibility of a question to which an answer has already been given, may not be referred to the report of the Committee of Inquiry on the question and answer. Unofficial table of contents

Section 26 Completion of the hearing

(1) The minutes shall be notified to the individual witnesses of their hearing. (2) The committee of inquiry shall determine by decision that the hearing of the respective witnesses shall be completed. The decision may not take place until two weeks have elapsed after the notification of the minutes of the interrogation or if the observance of that period has been waived. (3) witnesses are at the end of the chairman of the committee of inquiry or of the chairman of the committee of inquiry to lecture their hearing on the conditions under which they are concluded in accordance with paragraph 2. Unofficial table of contents

§ 27 Basic denial of testimony

(1) If the Certificate is refused without legal grounds, the Committee of Inquiry may impose on witnesses the costs incurred by their refusal and fix a monetary allowance of up to EUR 10,000. (2) Under the conditions laid down in paragraph 1 The investigating magistrate or the investigating judge of the Federal Court of Justice may, at the request of the committee of inquiry or a quarter of its members, order the arrest of the testimony, but may not be subject to the time of the trial. Termination of the investigation procedure, including not over the six-month period (3) Section 70 (4) of the Code of Criminal Procedure shall be applied accordingly. Unofficial table of contents

Section 28 Experts

(1) The provisions of § § 20, 22 to 26 shall be applied to experts in accordance with the provisions of § § 20, 22 to 26, unless otherwise specified. (2) The selection of the experts to be assigned shall be made by the committee of inquiry; § 74 (3) The Committee of Inquiry is to meet with experts an agreement within which deadline the opinion is drawn up. (4) Experts shall have the opinion within the agreed time limit. in a non-partisan, complete and truthful way. At the request of the Committee of Inquiry, the opinion shall be drawn up in writing and explained in greater detail. (5) The provisions of § 76 of the Code of Criminal Procedure on the right of denial of revaluation shall apply accordingly. (6) Weigern the experts who are obliged to repay the expert opinion to agree to a reasonable time limit in accordance with paragraph 3, or if they fail to meet the agreed time limit, the committee of inquiry may, against them, have an administrative fee of up to EUR 10,000 to set up. The same shall apply where the duly invited experts do not appear or refuse to report or explain their opinion; in such cases, the Committee of Inquiry may at the same time be able to inform the experts of their situation or of their abiders. To impose a refusal on costs. Section 21 (2) shall apply accordingly. Unofficial table of contents

Section 29 obligation to issue

(1) Anyone who has in his custody an object which may be considered as evidence for the investigation shall be obliged to submit it and to deliver it at the request of the committee of inquiry. This obligation does not exist, in so far as the evidence contains information whose disclosure is unreasonable for the persons concerned because of their strictly personal nature. (2) In the event of refusal, the committee of inquiry may oppose the person who has a custody of up to 10,000 euros in order. The investigating magistrate or the investigating judge of the Federal Court of Justice may, at the request of the committee of inquiry or a quarter of its members, order the sentence to be enforced. Section 27 (2) and (3) shall apply accordingly. The means of order and enforcement provided for in this paragraph may not be imposed on persons who are entitled to refuse the certificate or the information pursuant to § 22 (1) and (2). (3) Items under paragraph 1 shall not be voluntarily subject to the provisions of paragraph 1. , at the request of the committee of inquiry or a quarter of its members, the investigating magistrate or the investigating judge of the Federal Court of Justice shall decide on the seizure and the handing out to the committee of inquiry; 97 of the Code of Criminal Procedure shall apply accordingly. In order to seize the items referred to in paragraph 1, the investigating judge or the investigating judge of the Federal Court of Justice may also order the search if there are facts to conclude from which it is to be concluded that the sought-after judge The object is to be found in the rooms to be searched. § § 104, 105 (2) and (3), § § 106, 107 and 109 of the Code of Criminal Procedure are to be applied accordingly. Unofficial table of contents

§ 30 Procedure in the submission of evidence

(1) If the person who has the custody applies, the evidence required for the investigation is not significant or if it concerns a secret referred to in § 14 (1) no. 1 to 4, the order and the order of law specified in section 29 (2) may be used. Compulsory appropriations and the publication referred to in Article 29 (3), first sentence, shall be ordered only if the evidence does not contain any information whose disclosure is unreasonable for the parties concerned because of its strictly confidential nature, and the The Committee of Inquiry on this evidence has decided on the classification of GEHEIM. (2) The Review and examination of the evidence of evidence submitted to the evidence submitted to the Committee of Inquiry shall be available. Evidence which, according to the unanimous opinion of the Committee of Inquiry, proves to be insignificant for the investigation, shall be returned immediately to the person who had the custody. (3) After inspection and examination of the measures referred to in paragraph 1 The Committee of Inquiry may decide to remove the classification into the classification of GEHEIM in so far as the evidence for the investigation is significant. Where they relate to a secret referred to in Article 14 (1) (1) to (4), the committee of inquiry may only take the decision in accordance with the first sentence if its public use is essential for the performance of the investigation order and not (4) Before the decision is taken in accordance with the first sentence of paragraph 3, the person who is entitled to the evidence is to be heard. If it contradicts the cancellation of the classification GEHEIM, the annulment shall not be required unless the investigating judge or the investigating judge of the Federal Court of Justice at the request of the committee of inquiry or a quarter of its members shall be declared admissible. Unofficial table of contents

§ 31 Reading of protocols and documents

(1) The minutes of investigations carried out by other committees of inquiry, courts and authorities, as well as documents serving as evidence, shall be read before the Committee of Inquiry. (2) The Committee of Inquiry may decide to refrain from a reading if the minutes or documents have been made available to all the members of the committee of inquiry. (3) A reading of the minutes and documents or the announcement of their the main content of the public meeting shall not be held if the The requirements of § 14 (1) are fulfilled. Unofficial table of contents

Section 32 Legal hearing

(1) Persons who are likely to be significantly affected by the publication of the final report in their rights shall be given the opportunity before the conclusion of the investigation procedure to be given an opportunity to take part in the draft of the final report. (2) The essential content of the opinion shall be reproduced in the report. (2) The report shall be published in the report. Unofficial table of contents

§ 33 Reporting

(1) At the end of the investigation, the committee of inquiry shall report a written report to the Bundestag. The report has the course of the procedure to reflect the facts and the outcome of the investigation. (2) If the committee of inquiry does not come up with a consensual report, special votes should be included in the report. (3) to see that the Committee of Inquiry cannot carry out its investigation contract before the end of the parliamentary term, it has in good time a progress report on the progress of the procedure and on the previous outcome of the procedure. (4) On decision of the Bundestag, the Committee of Inquiry to the Bundestag to submit an interim report. Unofficial table of contents

Section 34 Rights of the Defence Committee as Committee of Inquiry

(1) In the course of its investigations, the Committee on Defence shall decide on the rights of a committee of inquiry to make a case on the subject of its investigation. The Defense Committee shall be constituted as a committee of inquiry, at the request of a quarter of its members. § § 1 to 3 shall apply accordingly. (2) The Chairman of the Committee on Defence shall be chaired by the Chair. (3) The Committee on Defence may, on the basis of its investigation, make a subcommittee on its implementation. (4) The provisions of this law shall apply to the proceedings of the Committee of Defence as an investigative committee. The Committee of Defence shall report to the Bundestag on the outcome of its investigation; a debate may only refer to the published report. Unofficial table of contents

§ 35 Costs and expenses

(1) The costs of the investigation procedure shall be borne by the Federal Government. (2) Witnesses, experts and investigators shall receive compensation or remuneration in accordance with the law on the compensation of justice and the compensation of the law. The committee of inquiry may, upon request, decide that the fees of the legal assistance shall be reimbursed to the witnesses. Investigators receive compensation according to the highest honorary group according to § 9 (1) sentence 1 of the Justice Remuneration and Compensation Act. (3) The compensation, the remuneration and the reimbursement of the expenses shall be made by the President or by the President of the Bundestag. Unofficial table of contents

Section 36 Jurisdiction

(1) The Federal Court of Justice shall be the competent court for disputes under this Act, insofar as Article 93 of the Basic Law as well as Section 13 of the Federal Constitutional Court Act and the provisions of this law do not determine any deviation. (2) Keeping the Federal Court of Justice (Bundesgerichtshof), the decision of the Federal Constitutional Court is to be suspended and the decision of the Federal Constitutional Court to be taken into account for the decision on its validity. Sentence 1 shall apply to the investigating magistrate or the investigating judge of the Federal Court of Justice. (3) The appeal against decisions of the investigating judge or the investigating judge of the Federal Court of Justice shall be subject to the complaint Federal Court of Justice decides.