7 Todsünden im Strafprozess | Teil 1: Durchsuchung

The 7 Deadly Sins in Criminal Proceedings and Dealing with the Police and the Judiciary Part 1: Searches: House search, personal search, pedestrian search, car search Legal Framework: Article 13 of the German Basic Law (GG) guarantees the inviolability of the home. Intrusions are only permissible under strict conditions and require a judicial warrant. Searches of a suspect are permissible under Section 102 of the German Code of Criminal Procedure (StPO) if there is suspicion that the search will lead to the discovery of evidence. They generally require a judicial warrant pursuant to Section 105 Paragraph 1 StPO. Exception: Imminent danger pursuant to Section 105 Paragraph 1 StPO – in such cases, the public prosecutor's office and the police may conduct searches without a warrant. This exception is narrowly defined, must be documented, and is subject to judicial review. What many don't know: Voluntary submission is a third option – and it is not explicitly stated in the law. Section 136a StPO prohibits certain interrogation methods. This protection does not apply to consent to a search. Psychological pressure, suggestive language, and exploiting ignorance—none of these necessarily invalidate voluntarily given consent and the use of the evidence. Section 94 of the German Code of Criminal Procedure (StPO) governs the securing of evidence. Anyone who voluntarily surrenders items enables their securing without seizure and thus with significantly fewer legal remedies available under Section 98, Paragraph 2 of the StPO.