The determination persons of the public prosecutor's office are inDeutschland office-holders, who have the power for the arrangement and execution of-special measures in the prosecution with danger in the delay.

The Rechtsinsitut of the determination person of the public prosecutor's office was created, if the obtainment of a judicial arrangement should not be in time possible not or and determination success would be defeated so if necessary. The determination persons are authorized to arrange such strafprozessualen measures which limit substantially the rights of the accused one of. For less drastic measures (e.g. place reference) also different office-holders are authorized.

Legal basis in the Federal Law is "§ 152 exp. 1 GVG. The authorities of the countries define their determination persons by regulation (usually regulation on the auxiliary officials of the public prosecutor's office). A characteristic here is the regulation over the order of water protection police officials of the country Lower Saxony to auxiliary officials of the hessian public prosecutor's office, since of practical considerations a determination person characteristic consists here for another country.

Relationship to the public prosecutor's office

It concerns not around an occupation, but a function, which is exercised in personnel union with an occupation. Determination persons the public prosecutor are therefore no coworkers, but "Zuarbeiter" of a public prosecutor's office in the office. The public prosecutor's office is originally responsible for the arrangement and execution such measures, since it is "lady of the preliminary investigation". It has instruction power opposite all determination persons in its scope of responsibility. The function of the characteristic as a determination person of the public prosecutor's office can be denied at any time.

Powers

The powers cover among other things the arrangement too

• a physical investigation with accused one of ("§ 81 A StPO)
• a physical investigation with witnesses ("§ 81 C StPO)
• an recognition-official treatment ("§ 81 b StPO)
• a seizure as Unterfall of the Sicherstellung ("§"§ 95, 98 FF. StPO)
• a search (right) ("§ 102 FF. StPO)
• a dragging net search ("§ 163 D StPO)
• a board of control in accordance with "§ 111 StPO
• a security in accordance with "§ 132 StPO

Authorized

Who ranks among the circle of acquaintances of the determination persons of the public prosecutor's office, it determines itself according to the fact who arranges the measure (federal/national officials). Usually is this

• Police enforcement officer
• Coworker of the financial administration of the federation (tariff) and the countries (tax offices)
• and a forest enterprise official
• Gamekeeper
• An official of the veterinarian and food monitoring administration
• Official of the fishery administration
• Municipality enforcement officer in Baden-Wuerttemberg
• An official of the mountain administration (mining industry)
• Employee of restaurant economics of the public prosecutor's office

Change of term

Determination persons of the public prosecutor's office were called until 30 August 2004 auxiliary officials of the public prosecutor's office.

After the official reason the term of the "auxiliary official of the public prosecutor's office" of the today's function of the police in the preliminary investigation becomes actually no longer linguistic as fairly. The special line power in the preliminary investigation is incumbent on the public prosecutor's office further without reservation. Regarding the advanced training basic and advanced training of the police officers and the fact following reached in the meantime from it that the police from an only subordinated auxiliary function grew out of, by the replacement of the term no longer up-to-date of the "auxiliary officials" by the term "determination persons" the today's relationship between public prosecutor's office and police is applicable characterized and carried for the determination reality calculation.

See also:

Preliminary investigation, measure (right), police (Germany), criminal procedure right, public prosecutor's office

Related links

BT-print 15/3482, P. 251; Amtl. reason for change of term (1. Law modernization law)

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