Reasonable suspicion

Initial suspicion is a suspicion of the stages in the prosecution in Germany. If there is an initial suspicion that law enforcement agencies are required to undertake an investigation, in this case the principle of legality applies.

An initial suspicion, the occasion to intervene and are obliged to investigate the facts of the case, assumes that there are sufficient factual indications that an actionable ( with no apparent tracking obstacles, such as obvious Schuldausschließungsgründe in children) present offense ( see § 152, paragraph 2 in connection with § 160 para 1 CCP ). Reason for a review of investigation results, for example from criminal charges, officially acquired knowledge ( bankruptcy filing, reports in the media), and possibly also from private knowledge resulting exceptionally high public service strike ( special public interest).

The importance of the initial suspicion of a rule of law can not be overstated. With the initial suspicion of a hurdle for the beginning of investigation measures the prosecution and the police will be constructed in principle. Only when " sufficient factual evidence of the existence of an actionable offense ," § 152, paragraph 2 Code of Criminal Procedure, are present investigation measures may be initiated. The initial suspicion protects the person concerned so before investigations due to mere conjecture. It must consist of specific facts, the threshold for this is, however, sometimes low. Thus, " Guidelines for the criminal and administrative fine proceedings " ( RiStBV ) are own-initiative investigation by No. 6 of admissible only if " the albeit low probability according to criminological experience that an actionable offense has been committed ."

The initial suspicion is to be distinguished from sufficient ( § 170, § 203, Code of Criminal Procedure ) and by the strong suspicion (cf. § 112 para 1 CCP ).

The question of probable cause arises only after the investigations were launched. He is, if the prosecutor can proceed according to the results of their investigations from the fact that the accused, the fact can be demonstrated in a later trial in all probability. Otherwise, will be dropped. The strong suspicion is a comparative form of suspicion.

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