Trust lawyer for the Berlin administration
The legal counsel for the Berlin administration is the operator charged by the state of Berlin external corruption officer for the Berlin administration.
Legal basis of the lawyer of trust in Berlin
Section 37 (1) No. 3 of the Civil Service Status Act stipulates that a civil servant's duty of confidentiality does not apply if a factual suspicion of a corruption offense is reported to an off-duty agency. This regulation was again referred to in Section 50 of the Berlin State Civil Service Act. Here it says: "The determination of further authorities and off-duty positions according to § 37 Paragraph 2 Clause 1 Number 3 of the Civil Service Status Act is made by ordinance of the Senate Department responsible for internal affairs". Such a statutory ordinance is provided by the ordinance issued by the Senator for the Interior and Sport on September 6, 2013 for the determination of external positions in accordance with Section 37 (2) sentence 1 number 3 of the Civil Service Status Act (AusserdienstlStVO). This now gives civil servants of the State of Berlin the opportunity to contact whistleblowers to an off-duty position, i. H. to turn to the lawyer of trust in order to prevent corruption without violating the service law obligation of confidentiality.
Duties of the lawyer of trust for the Berlin administration
The task of the lawyer of trust is to investigate concrete suspicions of corruption offenses (cf. §§ 331 ff. Of the Criminal Code) or other serious misconduct to the detriment of the financial interests of the State of Berlin in particular. He has to check every indication of the existence of an initial suspicion in accordance with Section 152 (2) of the Code of Criminal Procedure. On the other hand, he has to ensure that the whistleblower is not just looking for an opportunity to clarify his administrative or civil law questions with his statement.
The whistleblower is given the possibility of anonymity by the contract between the State of Berlin and the lawyer of trust. According to the text of the contract, the information provided by the whistleblower about his identity is subject to confidentiality, unless the whistleblower expressly does not want this or it is recognizable as an intentional false statement. In addition, reference is made to the professional regulation of Section 43a (2) of the Federal Lawyers' Act. According to this, the lawyer is obliged to maintain secrecy. This obligation includes, both in the own interest of the whistleblower and in the interest of the State of Berlin, to enable the whistleblower to maintain anonymity. All information about the whistleblower and the information provided by him are therefore subject to the mandate's duty of confidentiality. The state of Berlin supports the so-called whistleblower protection through this contractual embedding of the lawyer of trust.
The current lawyer of trust for the Berlin administration
Since August 1, 2017, lawyer Fabian Tietz has been the new trusted lawyer for the Berlin administration. At the suggestion of the Senator for Justice, Consumer Protection and Anti-Discrimination, Mr. Dirk Behrendt , the Berlin Senate approved the appointment of a new lawyer for the fight against corruption in Berlin at its meeting on July 11, 2017. On July 18, 2017, lawyer Fabian Tietz signed a contract with the Senate Department for Justice, Consumer Protection and Anti-Discrimination, represented by State Secretary for Justice, Martina Gerlach, for a period of 2 years to act as a lawyer of trust for the Berlin administration. The contract came into force on August 1, 2017.
Attorney Fabian Tietz is available to advise whistleblowers. He receives reports of misconduct in the public administration that involve corruption offenses or acts detrimental to the financial interests of the State of Berlin.
Individual evidence
- ↑ Langer & Tietz: lawyer of trust . In: Langer & Tietz . June 26, 2017 ( lang-tietz.de [accessed April 27, 2018]).
- ↑ Jan Thomsen: Corruption in authorities: Fabian Tietz is Berlin's new lawyer of trust . In: Berliner Zeitung . ( berliner-zeitung.de [accessed on April 27, 2018]).