Die Vortäuschung eines Zufallsfundes im Ermittlungsverfahren

In the face of the complex investigative situation in cases of organised crime, criminal investigations have established various investigative measures not specifically covered by the German Code of Criminal Procedure as an integral part of effective investigative procedures. An investigative tool that has been used for some time is that of so-called “legendierte Kontrollen” (police checks whose apparently random nature is actually feigned).
This publication explains the concept and structure of this measure and its relevance to fundamental rights. In particular, it highlights the principle of a fair trial. One of its focuses is therefore the question of which regulatory area is subject to dual-functional measures by the police. After presenting the inadmissibility of such checks in the eyes of the applicable law and the resulting consequences of this, the author conducts an examination of the conflicting interests in this regard, which leads to him making a concrete legislative proposal.