Police duty
A police task exists for the German police on the basis of a federal or state law (the latter is only binding for the respective state police ). It is the principle of all police action and is supplemented by the powers to enforce the right of intervention , but never replaced. A distinction is made between original and assigned tasks as well as internal police requests.
Original tasks
Original tasks are exclusively stipulated in the respective police law.
- Avoidance of danger : prevention and prevention together with the security authorities
- Assistance, partly stipulated in police law, otherwise the reverse of the offense of failure to provide assistance applies
- Provision of information, stipulated in various ways (partly part of the administrative procedure )
Assigned tasks
- Prosecution under the direction and supervision of the public prosecutor's office , which, however, does not carry out any official or specialist supervision
- Prosecution of administrative offenses , e.g. T. also punishment of the same
- Free passage of state guests (averting danger)
- Traffic regulation in the case of imminent danger (construct from: The police must ... perform the tasks that are assigned to them by other legal provisions in police law → StVO : In the event of imminent danger, the police can ... take action to maintain safety or order in road traffic ( § 44 para. 2 StVO))
- Protection of private rights if this is not possible in court and this judicial protection cannot be awaited
Furthermore, assignments of tasks result from administrative law:
- Governance and enforcement aid , mutual assistance as mere authority (rather than police), the implementation guide as a police department ; z. B. Delivery of detainees and prisoners to the courtroom
- Provision of information, e.g. B. personal data (other party involved in the accident, identified perpetrators, taking into care, etc.)
Internal police
A special case are requests for support from various police departments , e.g. B. Investigations, interrogations and seizures . This is where police law and the applicable administrative procedure law come into play. Any requests for support must be fulfilled promptly; There will be no reimbursement of costs, except for the provision of personnel or equipment.
Administrative assistance
In the context of administrative assistance with the sub-case of enforcement assistance , the police can also use the assistance of other authorities. These are usually simple requests for information, such as sending a photo from the registration office. In addition, the fire brigade can be requested to illuminate an emergency location, for example.
