Central Public Prosecutor's Procedure Register
The Central Public Prosecutor's Procedure Register ( ZStV ) is a database of investigative proceedings pending and completed in Germany . The register has been kept at the Federal Central Register of the Federal Public Prosecutor's Office in Bonn since the beginning of 1999 and at the Federal Office of Justice (BfJ) since January 1, 2007 .
Legal basis
Sections 492 to 495 of the Code of Criminal Procedure (StPO) and the "Ordinance on the Operation of the Central Public Prosecutor's Procedure Register (ZStVBetrV)" form the legal basis for the ZStV .
tasks
All of the investigations at the public prosecutors and tax criminal matters recognized as being similar financial authorities are saved when zstv. This information enables more effective law enforcement . The register provides the law enforcement authorities with information about ongoing or completed criminal proceedings against the same perpetrator in the federal territory (multiple perpetrators) and can identify perpetrators acting outside the region. The central storage of the data avoids duplicate procedures and collective procedures can be created. The ZStV also provides an overview of the execution of the investigation and criminal proceedings and thus supports the judiciary with the question of the appropriate conclusion of the proceedings.
content
The ZStV contains the data of the accused , the investigating police authority , the responsible public prosecutor (or tax authority) and the file number . Information about the time of the offense, the allegation and the place of the offense are stored as well as information about the completion of the investigation or criminal proceedings and the amount of damage.
information desk
Information is given to the public prosecutor's offices, the tax authorities and tax authorities, who are on an equal footing with the public prosecutor's offices in criminal tax matters, in investigative proceedings in accordance with Section 402 of the Tax Code . Tax and customs investigation services where these are criminal pursuing active in individual cases, police, constitutional protection authorities of the federal government and the states , the Federal Office for the Military Counterintelligence Service , Federal Intelligence Service as well as weapons authorities ( § 5 para. 5 no. 2 Weapons Act ) and Explosives authorities ( § 8a para. 5 No. 2 Explosives Act ) can also inspect. According to § 9 ZstVBetrV, those affected receive information in accordance with §§ 55 to 61 of the Federal Data Protection Act , but only about procedures that were initiated 6 months ago.
deletion
The deletion of the stored data is based on § 5 ZStVBetrV, which refers to § 494 Paragraph 1 to 3 StPO. In the case of criminal proceedings that end with a judgment (without acquittal ), entries in the ZStV are deleted immediately upon entry of the judgment data in the Federal Central Register. In the case of penal orders , this applies accordingly as soon as they become final . If the procedure ends with acquittal or if it is not only temporarily suspended , the data will be deleted two years after the criminal procedure has been completed, unless a further procedure for entry in the procedure register is communicated before the deletion deadline.
Technical implementation
Since December 2008, the development and maintenance of the ZStV as well as the related advice have been carried out by the Bonn branch of USU Software AG. USU AG won a tender for the project, which originally ran for 36 months.
See also
Web links
- Federal Office of Justice (Germany) : The Central Public Prosecutor's Procedure Register [1]
- Ordinance on the operation of the Central Public Prosecutor's Procedure Register (ZStVBetrV)
Individual evidence
- ↑ Section 491 of the Code of Criminal Procedure, Paragraph 1, Clause 2
- ↑ Press release "Federal Office of Justice commissions USU AG for 2 major projects" ( Memento from May 25, 2009 in the Internet Archive )
