What Are Your Rights When You Are Checked?
The obligation to submit to checks by relevant authorities is generally applicable in Germany, Austria and the Czech Republic. But do you khow that you have some rights too?
- Germany
- Austria
- Czech Republic
Germany
Proof of identity
You are obliged to cooperate when your identity is being verified and to submit to a check.
Your identity is proven by submission of your ID card (Personalausweis) or your passport (Reisepass) – their sufficiency is provided for in the German regulation - Freizügigkeitsgesetz.
Search of your belongings
If you are being checked either by federal or Bavarian police, and the check includes a search of your belongings, you are entitled to request a certificate confirming such a check. The certificate must document the reason for your check and this may not be generalized (for example – averting danger -zur Gefahrenabwehr) but must be sufficiently specific. A written certificate on the check can be demanded also in the case that the check does not identify any infringement of rules. You also have the right to be present during the search of your belongings. If this is not possible your representative or any other witness is to be present in (Section22 (2) of PAG).
The right to request a written certificate is encompassed neither in laws applying to the Saxonian police nor regulations concerning customs authorities.
Body searches
A body search may be carried out only by a person of the same gender or by physicians; this rule does not apply if an immediate body search is required for the purpose of protecting life. (Section 43[4] of BPolG, Section 21[3] of PAG, Section 23 [3] of SächsPolG)
Providing information on the purpose of a check – instructing a checked person
Legislation does not regulate the right of a checked person to have the purpose of the given check disclosed to him/her.
An obligation to provide instruction applies if you are accused of a criminal offence or a minor offence. Then you must be instructed on your rights. If you do not understand German an interpreter is provided. By signing a relevant document you confirm that you are aware of and understand your rights. If you are apprehended, the consulate or embassy is informed. You have also the right to reject some measures taken against you (for example to provide an aggravating testimony).
If you are apprehended, a relevant consulate of the Czech Republic or the Czech embassy should automatically be informed. However, relevant authorities will inform the Czech consular bodies (a consulate or a general consulate) only upon an explicit request of an apprehended person.
Breath testing or taking samples of urine/blood
If you are requested by the police to undergo a breath test to detect alcohol or to take a blood sample you are obliged to obey the order and submit to such tests.
Blood sampling can be, under special circumstances, enforced without any consent of the person concerned provided that such intervention does not endanger the health of the person. However, blood samples must always be taken by professional medical personnel (Section 81a of Strafprozeßordnung – StPO).
Filing a complaint
A complaint concerning the behaviour of a checking person can be filed with a direct supervisor, any other superior or a superior body. Any complaint is generally filed in writing in the official language, i.e. German. Furthemore, a person filing a complaint should clearly identify himself/herself.
It is necessary to follow this procedure in the case of state police authorities- for example, in the case of the Bavarian police a complaint can be addressed to the Bavarian Ministry of the Interior (if the complaint falls within the scope of their competence) or to the superior police body (if you complain about the behaviour of police officers)
Complaints concerning the federal police may be filed with the Ministry of the Interior of the Czech Republic (in the Czech language). The Ministry will forward your complaint by way of a liaison of the German federal police operating in the Czech Republic.
When filing a complaint, formulate your complaint at great length (in full detail). The place and time of the check are very important and if possible do not forget to include the service numbers of the checking persons.
Right to an interpreter
If you are a suspect in a criminal investigation, you have the right to request an interpreter and do not have to bear related financial costs. However, this right is not valid in case of an administrative investigation – in that case you may be informed about your rights via a pre-printed form in your language.
In both cases you have the right to comment your case and provide your point of view. If you decide not to comment and there is a pre-printed form available in your language, calling in an interpreter is deemed as unnecessary.
If you do not understand accusation of committing a crime, you may refuse to sign the protocol. If, however, you refuse to sign when there is a pre-printed form available in your language or is translated by an interpreter, this fact will be documented by police officers in presence of witnesses.
Informing Czech authorities
You have the right to inform the representation (embassy or consulate) of the Czech Republic in case of a detention. In that case, German police should contact the Czech representation. However, if you are not detained, the police are not obliged to contact Czech representation – you should contact them yourself.
Contact numbers
- Police: (0049) 110
- Central emergency line: 112
- Consular services for Czech citizens in emergency: +49 170 247 99 56