Undercover investigators (abbreviated. VE; engl undercover agent ) are domestic officials of law enforcement agencies, mostly police or customs that occur as civilians outward and identify under a to long-term, false identity.
The use of VE takes place in Germany on the basis of § § 110a et seq Code of Criminal Procedure and the Joint Guidelines of the Minister of Justice / Senators and the Minister of the Interior / Senators of on the use of informants, as well as on the use of trusted third parties ( informants ) and undercover investigators in the context of law enforcement that exist in the various countries as nearly identical (national ) regulations. He is only a subsidiary and allowed into serious crime and requires the consent of the public prosecutor. In exigent circumstances, the police are authorized to do so in subsequent obtaining consent within three days. But in so far, so the more common case in practice, the use against a particular accused intended or Undercover investigators enters a non-public apartment, court approval is required. In such cases, the prosecutor is sufficient agreement in exigent circumstances. But even then the subsequent judicial consent solicitation within three days is required.
Undercover investigators may participate in legal transactions under its certificate identity ( legend), see § 110a paragraph 2 Code of Criminal Procedure, an apartment of the person entitled to enter ( § 110c, Code of Criminal Procedure ) and witnesses without instruction pursuant to § 136 Code of Criminal Procedure surveys. Offenses they are allowed, in contrast to the present in the United States undercover agent did not commit.
To distinguish them are of informants and spies from even undercover agents or informants mentioned that individuals are, the supply provided with the confidentiality pledge or promise of confidentiality prosecutor and usually against payment information from their environment to investigation agencies. The informant provides information used in individual cases, however, working with a V- man is created in the longer term. Another distinction between the undercover agent is the so-called, are not mentioned as such in the Code of Criminal Procedure is not publicly investigating police officers ( NEP ) (also: ' noeB ' (not open to investigating officer ) all). This is especially true with regard to the applicability of evidence, since the NEP in contrast to the undercover investigator meets the accused against a policy requirement.
In court proceedings, the identity of the investigator is usually kept secret because according to § 110b para 3 sentence 3, § 96 of the Code of Criminal Procedure, both the further use can be protected under the false identity and life and limb of ( living under true identity) officials. For evidence of one of the test results of the undercover investigator, although this can in principle be heard as " witnesses from hearsay ," a collection of evidence prohibition is not so far. In practice, however, they are represented from above considerations, the courts of another " hearsay witnesses " who makes the statement on behalf of the VE. At the request of VE is also sold his evidence to the courtroom, where the voice and his appearance possibly technically alienated and voice and image can be transferred into the courtroom (audiovisual interrogation ).