Germany
Criminal investigations in Germany
Who investigates crime in Germany: the prosecution’s statutory duty to establish the facts, the police’s own first-access duty, and the objectivity obligation that binds both.
Facts on this page were checked against their sources on .
Responsibility for a German criminal investigation rests with the prosecution. § 160(1) of the Code of Criminal Procedure (Strafprozessordnung, StPO) provides that as soon as the Staatsanwaltschaft learns of a suspected offence, whether by report or otherwise, it must investigate the facts in order to decide whether to bring a public charge.
That duty is expressly two-sided. § 160(2) StPO requires the prosecution to investigate not only incriminating circumstances but exculpatory ones as well, and to secure evidence. The obligation to look for what exonerates is written into the same provision that requires the investigation.
The police are not merely instructed. § 163(1) StPO imposes a duty of their own: the authorities and officials of the police service must investigate offences and take all measures that permit no delay, in order to prevent the matter being obscured. In practice the great bulk of investigative work is done by Land police under this provision, while the prosecution carries the legal responsibility for the investigation and the charging decision.
The same idea, explained generally
- What is a criminal investigation?
A criminal investigation is a legally authorised process for establishing whether an offence occurred and gathering evidence that can be tested in court. This guide explains its structure, safeguards, and known failure modes.
- What is due process?
Due process is the requirement that the state follow fair, established procedures before it takes action against a person. This guide explains what it typically includes and how it differs between systems.
Sources
Sources
Strafprozessordnung (StPO) § 160 — Pflicht zur Sachverhaltsaufklärung (German original text)
Bundesministerium der Justiz / Bundesamt für Justiz (Gesetze im Internet) · Legislation · link verified 2026-07-24
Authoritative German text. Supports § 160(1): once the Staatsanwaltschaft learns of a suspected offence it must investigate the facts in order to decide whether to bring a public charge; and § 160(2): it must investigate exculpatory as well as incriminating circumstances and secure evidence. Supports the allocation of investigative responsibility and the objectivity duty. Does NOT support any description of investigative technique, thresholds, or practice.
Bundesministerium der Justiz / Bundesamt für Justiz (Gesetze im Internet) · Legislation · link verified 2026-07-24
Authoritative German text. Supports § 163(1): the authorities and officials of the police service must investigate offences and take all measures that permit no delay in order to prevent the matter being obscured. Supports that the police hold their own statutory first-access investigative duty alongside the prosecution's direction. Does NOT support operational detail of any kind.