Preservation of evidence

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Evidence security officer of the Berlin police during videography
Evidence preservation unit of the Bavarian police

The evidence is in the Criminal Procedure and in summary proceedings securing evidence neuter and human kind in the investigation . This is the task of the law enforcement authorities , namely the task of the police and the public prosecutor's office . The preservation of evidence aims to secure the proceedings and should provide a coherent chain of evidence for the court.

target

The preservation of evidence serves to provide conclusive, detailed and secure evidence of the act and perpetration in proceedings before the ordinary jurisdiction . Every confession to a crime can be revoked, therefore every trace of a crime scene, of a relevant object of a witness and an accused is secured.

Execution and implementation

Securing means the taking of personal and material evidence . This is achieved through action , especially in the First Attack . The only legal basis in Germany is the StPO . Some of the measures can only be ordered by investigators from the public prosecutor's office .

Some police associations, especially the closed units of the police, have evidence and documentation teams (BeDo), evidence preservation teams (BeSi) or evidence preservation and arrest units (BFE). As a rule, however, these are only active in large situations and in some operations by special forces.

The preservation of evidence must be objective, i.e. both incriminating and exculpatory evidence must be collected in the preliminary investigation. The results of the preservation of evidence are always documented on a case-by-case basis and submitted to the judiciary for decision.

Securing personal evidence

In order to secure personal evidence , the interrogation and identification service treatment , if necessary after the arrest of suspects, are particularly important .

The establishment of witnesses is also part of the preservation of evidence , rather their interrogation (witness interrogation), as well as the collection of personal details of possible information persons.

Securing material evidence

Confiscated illegal weapons

Things are especially ensured , for securing physical evidence - including through a crime scene or sighting - among other documents, photographs , Videographien and objects of all kinds (eg skin particles, hair.); these can also be trace carriers .

Authorization basis

The preservation of evidence by the police is legitimized in the repressive (prosecuting) area by the Code of Criminal Procedure (StPO). With the consent of the accused, the object in question will be seized, otherwise it will be confiscated. The police laws of the federal states regulate the seizure or seizure of objects from those affected in the preventive (hazard prevention ) area. Videography in the course of a demonstration, which encroaches on the right to informational self-determination (RIS) of the person concerned, has its legal basis in the police laws of the federal states. If criminal offenses are recorded on these recordings, these evaluations fall under the preservation of evidence according to the StPO.

See also