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Powers of Police and Customs Officers

Did you know that German police and customs officers can check you whilst not wearing a uniform? This is perhaps the most staggering but not the only difference in rules covering activities of German and Czech authorities. Ministry of the Interior retains the right to further modify information on German and Austrian rules which are currently subject to an examination by German and Austrian experts. 

Be prepared for a check. Find information on rules applying to checks in Germany and Austria and relating competences of police and customs officers involved in checks. An indicative list of basic rules for checks is included in the table below. The following text encompasses more detailed information concerning individual countries.
 
Germany
Austria
Czech Republic
What authorities can carry out checks?



Federal police
customs officers
state police


 
Federal police
customs officers



 
Police of the Czech Republic
customs officers
municipal police
Note: under the Act on Waste Management, the Czech Inspectorate for the Environment (CIE) also has some powers to carry out checks
Are different checks in borderland and inland?
YES – extended powers to carry out checks in the zone 30 km from the national border
YES - extended powers relating to crossing of internal borders
NO (CIE usually in cooperation with uniformed forces)
Can checks be carried out by persons not wearing a uniform?
YES
YES
NO
Are checking persons (inspectors) obliged to prove their police/customs membership?
YES – automatically (in civil) or at a request (in uniform)
YES – automatically (in civil) or at a request (in uniform)
YES
Is there an obligation to submit myself to a police/customs check?
YES
YES
YES
Must a check be initiated by a reasonable suspicion that, for example, a minor offence has been committed?
NO – movement in the borderland is a sufficient grounds for a check
NO – sufficient grounds is that a person crossed or intends to cross the internal border
YES (municipal police), NO (police and customs authorities are empowered to carry out checks without any reasonable suspicion concerning violation of legal/administrative provisions)
Can checks be carried out by police and customs officers together?
YES
YES
YES
 


Department for Asylum and Migration Policy, March 4, 2011

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