Observation

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In Germany, observation refers to the covert, targeted and systematic observation of people , groups of people , facilities or things in order to gain basic or additional knowledge . It is to be distinguished from other surveillance measures such as online searches and telephone surveillance . The observing person is called the “observant”, the observed person is called the “target person” (TP).

Types of observation

Types of observation can be:

  • stationary (standing, static, location) observation
    • Building observation
    • Meeting place observation
  • moving (rolling, flowing, mobile, dynamic) observation
    • Foot observation
    • Vehicle observation
  • Reconnaissance observation (to gain knowledge)
  • Protective observation (defensive observation, for protection)
  • Counter-observation (gain knowledge about foreign observations)
  • Access observation (determination of a favorable opportunity for access )

Official observation

Observations are usually carried out by authorities. Federal civil servants and soldiers who are deployed in observation receive a hardship allowance ( Section 22, Paragraph 2, Clause 1, Nos. 3 and 5 EZulV ) and can receive overtime pay ( Section 2, Paragraph 3, Clause 2 BMVergV ). In the 2013 coalition agreement, it was agreed that the long-term observation of released preventive detainees would be placed on a legal basis. The observation forces of the Bundeswehr ( MAD ), federal police , police and customs service , but not of the BND , BfV and LfV , are exempt from the road traffic regulations in accordance with Section 35 (1) StVO , insofar as this is urgently required for the performance of official tasks . This applies accordingly to foreign officials who are entitled to pursue or observe in Germany on the basis of international agreements ( Section 35 (2 ) of the StVO ).

Police observation

Police observation can serve to avert danger (preventive) or prosecute (repressive).

The Federal Police Act (BPolG) as a relevant authority standard for emergency response measures by the Federal Police defines a "long-term observation" as a planned observation of a person that is to last longer than twenty-four hours or should take place on more than two days. It is a “special means of data collection” within the meaning of this law ( Section 28 (2) No. 1 BPolG). Long-term observation of up to a month, except in the case of imminent danger, may only be ordered by the head of a federal police authority or his representative. The decision on the extension of the measure may only be made by the judge .

The Federal Criminal Police Office (BKA) is authorized to carry out long-term observations to ward off the dangers of international terrorism ( Section 45 (2) No. 1 BKAG ) and to protect members of the constitutional bodies and the management of the BKA ( Section 64 (2) No. 1 BKAG ). It may only be ordered at the request of the responsible department head or their representation by the court.

The Customs Criminal Police Office and the Customs Investigation Offices ( Zollfahndungsdienst ) also carry out observations as authorities with tasks and powers similar to the police. The hazard prevention service is based on § 18 and § 28 of the Customs Investigation Service Act (ZFdG). Long-term observations by the customs investigation service are possible for up to 14 days without a judge's reservation ( Section 18 (2) ZFdG).

The Code of Criminal Procedure (StPO) applicable to criminal prosecution measures for all police authorities in Germany has the same definition in Section 163f (1) sentence 1 StPO. A prerequisite for long-term surveillance to be ordered is the existence of sufficient factual evidence that a criminal offense of considerable importance has been committed ( Section 163f (1) sentence 1 StPO). The measure may only be ordered if the investigation of the facts or the determination of the perpetrator's whereabouts would otherwise be considerably less promising or significantly more difficult ( Section 163f (1) sentence 2 StPO). The measure may also be carried out if third parties are unavoidably affected ( Section 163f (2) StPO). It may only be ordered by the court and , in the case of imminent danger, also by the public prosecutor and their investigators ( Section 163f (3) sentence 1 of the Code of Criminal Procedure).

The mobile task forces as special units of the police are commissioned and specially qualified to carry out observations.

Intelligence surveillance

Observation is one of the intelligence services .

The Federal Intelligence Service (BND) trains its employees in observation. The Federal Office for the Protection of the Constitution (BfV) has an O - Observation department. In the Military Counterintelligence Service (MAD), Department G is responsible for the use of observation.

The legal basis for the use of the observation is for the BfV § 8 Abs. 2 Satz 1 BVerfSchG and for the MAD § 2 Abs. 1 MADG i. V. m. Section 8 (2) sentence 1 BVerfSchG . The state authorities for the protection of the constitution each have their own legal bases in the state constitutional protection laws, e.g. B. in § 5 Abs. 2 Nr. 2 Verfassungsschutzgesetz Nordrhein-Westfalen.

Private observation

Private actors such as detectives or security departments of large corporations can also carry out observations.

literature

  • Klaus-Henning Glitza: Observation - Practical Guide for Private and Official Investigations . 4th edition. Richard Boorberg Verlag, Stuttgart / Munich 2014, ISBN 978-3-415-05185-0 .

Web links

Wiktionary: observe  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ↑ Klaus-Henning Glitza: Observation - Practical Guide for Private and Official Investigations . 3rd revised edition. Boorberg, Stuttgart a. a. 2009, ISBN 978-3-415-04328-2 , pp. 16. ff .
  2. ↑ Klaus-Henning Glitza: Observation - Practical Guide for Private and Official Investigations . 3rd revised edition. Boorberg, Stuttgart a. a. 2009, ISBN 978-3-415-04328-2 , pp. 15 .
  3. ↑ Klaus-Henning Glitza: Observation - Practical Guide for Private and Official Investigations . 3rd revised edition. Boorberg, Stuttgart a. a. 2009, ISBN 978-3-415-04328-2 , pp. 19 f .
  4. ↑ New exhibit: MAD observation vehicle in the German Spy Museum. In: German Spy Museum. June 17, 2020, accessed on July 20, 2020 (German).
  5. ↑ Timo Völker: Car chase: Access when the opportunity arises. In: https://www.diepresse.com/ . November 21, 2008, accessed September 26, 2019 .
  6. ↑ Mobile task force. In: https://www.bka.de/ . Retrieved September 26, 2019 .
  7. ↑ What does a MEK actually do? In: https://koeln.polizei.nrw/ . Retrieved September 26, 2019 .
  8. ^ Employee of the Federal Intelligence Service (BND). In: http://www.die-unverzichtbaren.de/ . Retrieved September 26, 2019 .
  9. ↑ Bastian Berbner: Don't you want to become an agent? In: https://www.zeit.de/ . March 19, 2016, accessed September 26, 2019 .
  10. ↑ Career training in the upper class. In: https://www.bnd.bund.de/ . Retrieved September 26, 2019 .
  11. ↑ The organization of the office is no secret. In: https://www.verfassungsschutz.de/ . January 2019, accessed September 26, 2019 .
  12. ^ Section G - Principle / Law / nd means. In: mad.bundeswehr.de. October 24, 2019, accessed November 11, 2019 .