Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

private room surveillance only with accustic (live) recording (§ 100c StPO, procedural code), only severe criminal offences listed in § 100b sec. 2 StPO public place surveillance accustic and visual recording also with technical recording (§ 100h StPO) if all other investigation efforts take place before

Legal Framework

International legal framework applicable for this measure in your Member State

Directive regarding the European Investigation Order (EIO) in criminal matters in relation to Member Statesd (EU Directive 2014/41/EU from 3rd April 2014). For countries having not implemented the mentioned Directive: Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (29th May 2000); Convention implementing the Schengen Agreement.

Competent Authority

* receive the request/decision for judicial cooperation

The public prosecutor’s office with competences for the court district in which the act of judicial assistance is to be executed.

Accepted languages

Accepted languages for the request/decision

In the respective language with a German translation (required), unless a bilateral waiver of translation has been agreed upon.

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

Under the European Investigation Order: The decision on the recognition shall be taken within 30 days. The measure shall be carried out within 90 days following the taking of the decision on the recognition. For States not applying the European Investigation Order: No Deadlines.

Concise legal practical information

Special requirements

room surveillance is a severe intervention in privacy ep. in case of private room surveillance. A special court decision is necessary.

Last reviewed on 15 August 2022 by EJN Secretariat

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