Stop and identify statutes

The identity determination ( short IDF ) denotes the one hand, a measure of an authorized public official against a person. Here, the citizens are its identity (personal data ) against the authority knows this can be done on a voluntary or involuntary basis.

Typically, this is done as part of a partnership or vehicle control. The determination of the identity is usually achieved by identification documents, depending on the situation, for example a driver's license or an identity card.

On the other hand, the legitimacy of individuals in the banking, insurance or registration law is referred to by the term identity determination. In this case, the recipient of the Personnel is not necessarily a public official, the abandonment of the Personnel generally takes place voluntarily.

The finding is based in this case is usually the closing of a contract. Not always the legitimation is done solely by presentation of an identity card or passport satisfy, in some cases, the need for further documentation.

• 2.1 Proof of Identity in the banking and insurance
• 2.2 Residence verification

• 3.1 Right of asylum

• 4.1 Provisional arrest as " everyman "

Identity determination in Strafverfahrens-/Ordnungswidrigkeitenverfahrens- and police law

Identity determination under the Code of Criminal Procedure and the Code of Administrative Offences

The Criminal Procedure Code speaks in § 163b para 1 CCP assumes that the prosecutor or the officials of the police service ( an underlying crime or an offense ) may take the necessary measures to establish its identity with notification of reason. The publication of the identity card is usually sufficient, in individual cases, further evidence of identity may be required.

The identification procedures can be carried out in accordance with the Code of Administrative Offences even in traffic or other offenses. Here the conditions set just after the Code of Criminal Procedure ( CCP) and the above mentioned guidelines.

According to § 163b paragraph 2 Code of Criminal Procedure, the identity can be determined even when the people who are not suspected of a crime, if and to the extent the investigation into the offense is important. In general, this is the witness or the victim.

The person concerned shall name the person and the object ( legal basis), against whom the criminal proceedings. A detention of the person is subject to much higher hurdles here, usually it is in the interest of the witness or injured party to provide their personal details to the authority. A search of the person or crossing the border to assist in identification and a fingerprinting procedures is not possible at all against the will of the person concerned, except by court order. Other ways of finding the truth by witnesses arise from the judicial winding- coercive detention (up to six months).

These rules apply due to the transformation rule of § 46 OWiG accordingly in the offense range.

Establishing identity security

Each State Police, the Federal Police, the Federal Criminal Police and Federal Customs Administration have laid out in their police laws a power which makes it possible to carry out verification of the identity security. An example of this is the person's identity in a confused person to returning them to a safe environment, ie care.

There is here an immense number of individual requirements exactly when identifying it at a person is admissible, they differ in the precise legal status from state to state.

In all states, the police can determine the identity of a person

• To avert a danger
• If the person is living in a place to accept from the actual due to evidence is that there people arrange offenses, prepare or commit, meet people without the required permit, conceal offenders or investigate an area where people of prostitution (so-called dangerous place ),
• If she is present in a transport, supply system, device, public transport, office buildings, one other vulnerable object of such formulations or in the immediate vicinity and there is reason to believe that an offense will be committed in or on objects of this type, the in or on these objects or persons on these objects themselves are at immediate risk,
• At a control point that has been set up by the police
• In the border area to a depth of 30 kilometers and on through roads ( motorways, European roads and other roads of considerable importance for cross- border services) and in public institutions of international traffic for the prevention or elimination of illicit exceeded the border or unlawful residence and to combat of cross- border crime or
• To protect private rights.

If a person is stopped for identification, it is required to indicate their identity and, if it is carrying identity papers, they handed over for examination. A detention of the person may be ordered if the identity in a different way or can not be determined only with considerable difficulty. In this case, the search for a person, and the items is possible. The detention can last in this case until the end of the next day, it depends on the court order.

Infringement of the police in identification

Should not be the publication of the personal data, the search of the person as well as their transport and the objects is allowed. Furthermore, the person can also be treated by an intelligence service in this case. The person is detained in this case. This detention may be extended for up to twelve hours, they need the court order. To carry out the above measures, the police are entitled to apply direct obligation, so far as is possible, while respecting the principle of proportionality.

If an accused anonymously, despite these measures, is - depending on the offense - the regular primer risk of escape before. The accused can thus be remanded in custody. The adhesive can this not be averted by a guarantee. However, the proportionality shall be checked.

For unexplained identity of a person, a people detection method, whereby, among other things, the BKA is included.

Besides the already mentioned possibilities of detention by the Criminal Procedure Code or the corresponding Police Act or the search or the measures for identification purposes that the refusal stating his personal additionally an offense under § 111 OWiG dar.

Establishing identity in the banking, insurance and registration law

Proof of Identity in the banking and insurance

The identity check is a method for the prevention of money laundering.

Here, every customer is obliged to prove identity to the bank with official papers, unless it leads to other accounts or securities accounts, rented lockers or values ​​managed. The legitimacy requirement will be determined in this case by the Tax Code and the Money Laundering Act ( AMLA).

Individuals have usually means identity card or passport with confirmation from. For legal entities, as evidence an excerpt from the Commercial Register, Register of Associations Register of Cooperatives, partnership register of the respective district court or the Foundation Register of the country or the government district.

In certain cases, there is also an obligation to statutory Legimitationsprüfung for policyholders when the current premium in excess of 1,000 euro or the single premium or deposit in the premium deposit of 2,500 euros. Owner dynamic contracts are to be identified in general.

The determination of the Personnel can also be impersonal means of the so-called PostIdent procedure in certain cases.

Residence verification

For the determination of the residence, it is in some states mandatory that a residence verification is performed. This involves checking whether a given home address is actually consistent. Specifically, it is checked whether the name is listed on the bell board, on the mailbox and on the door sign. It will also examine whether the person objects of daily use (clothes, toiletries, etc. ) as well as documents or photos, etc. from the premises. Furthermore, respondents as neighbors or family members can be asked about the residence. As official proof the application is under the reporting law, which is on the data of the registration office available online.

Establish the identity of immigration law

In aliens and asylum proceedings the Residence Act and the Asylum Procedure Act look of the identity is, among other things in applying for asylum in Germany, the granting of residence permits and within the framework of prior removal or deportation. See in particular § 49 and § 16 of the Residence Asylum Procedure Act.

Right of asylum

According to § 16 Asylum Procedure Act, the Federal Office is obliged to determine the identity of the asylum applicant. The asylum seeker is obliged under § 15 Asylum Procedure Act to assist in the determination of his identity and passport procurement. The identity determination is often problematic, especially if applicants their identity under which they are known in their country of origin not want to reveal from reasonable fears or for other reasons.

Incorrect or incomplete information in the application for asylum have serious consequences. One such application for asylum according to § 30 para 2 Asylum Procedure Act "manifestly unfounded". In addition, imprisonment up to one to three years or fines will apply, unless it is a limitation period occurred after three or five years (see: right of asylum ( Germany ) # abuse).

Voluntary surrender of the personal

To distinguish the possibilities of establishing identity of the voluntary surrender of personal data already listed. This is usually where an individual with another person or a company, for example, concludes a contract.

In this case, the issue is due to the conditions that are the contract is based. It arises in any case in advance for one of the two sides of the obligation to provide Personal Data. This power alone is reserved officials.

Provisional arrest as " everyman "

If a person in accordance with § 127 para 1 CPC provisionally detained by another person because it is a criminal offense immediately suspicious ( " red-handed " ), it can by voluntarily disclosing the personal end the deprivation of liberty, because then is usually the reason for the provisional arrest omitted. Here again there is no right to force the person to surrender the personal, this is possible only by the police or the prosecutor. Is a person against a public official not personal and / or can not legitimize itself, a people finding method is used.