Location determination
The stay determination in Germany is a wanted person with the aims of obtaining a summonable address.
purpose
A whereabouts determination can be used in the following situations:
- in criminal proceedings according to § 131a StPO (9a. Section - "Other measures to ensure criminal prosecution and execution of sentences") by the competent public prosecutor , in the case of imminent danger and if certain conditions are met, also their investigators or
- in emergency response , e.g. B. "Missing" for recapture
- to enforce the obligation of foreigners to leave the country in accordance with Section 50 (7) of the Residence Act and to enforce certain measures in the asylum procedure in accordance with Section 66 of the Asylum Act (AsylG)
- for the execution of certain other official obligations such as the protection of the health of the population
- very rarely in other areas of law such as civil law
It is used to establish identity , more precisely to establish a whereabouts (part of the personal details ) and is not aimed at deprivation of liberty if the person is stopped for the purpose of determining their whereabouts; In certain cases, however, a check of the residential address can reveal a reason for the flight, so that an arrest takes place.
Criminal proceedings
In criminal proceedings, the determination of the whereabouts is used to conduct the criminal proceedings; in detail: to arrest a suspect, to secure a driver's license , for identification service treatment , to prepare a DNA analysis , for questioning by the police / public prosecutor's office or to establish identity . Furthermore, witnesses can also be posted to determine the whereabouts. On the basis of an alert to determine the whereabouts of an accused or witness, a public search may also be ordered in the case of a criminal offense of considerable importance if the accused is urgently suspected of committing the crime and the determination of the whereabouts would otherwise be considerably less promising or significantly more difficult ( Section 131 subs. 3 StPO). The public search for a witness will not take place if the overriding legitimate interests of the witness oppose this. Images of the witness may only be made if the determination of the whereabouts would otherwise be pointless or significantly more difficult (Section 131 (4) StPO).
The result of a determination of the whereabouts is the knowledge of a residential address or some other geographical location where a person is staying or can be reached. It is the preliminary to the notice of arrest , but the determination of the whereabouts can be skipped.
The regulation was introduced with effect from November 1, 2000 by the law amending and supplementing the Criminal Procedure Law 1999 (StVÄG 1999) of August 2, 2000 ( Federal Law Gazette I p. 1253).
Missing
Missing persons can also be advertised by AE, also by the Federal Foreign Office .
Others
The alerts from the police, the public prosecutor's office and - within the framework of administrative assistance, also the requests from other authorities - are promptly entered into the INPOL system of the police.
The International Family Law Procedure Act provides in § 7 before a residence determination in civil law.
Individual evidence
- ↑ Determination of residence abroad. Retrieved April 25, 2017 .
