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Security Architecture in Germany

MPS-Authors
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Engelhart,  Marc
Architecture of Public Security Law, Max Planck Institute for the Study of Crime, Security and Law, Max Planck Society;

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Arslan,  Mehmet
Criminal Law, Max Planck Institute for Foreign and International Criminal Law, Max Planck Society;

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Citation

Engelhart, M., & Arslan, M. (2020). Security Architecture in Germany. Freiburg i.Br.: Max-Planck-Institut für ausländisches und internationales Strafrecht, Forschungsgruppe "Architektur des Sicherheitsrechts" (ArchiS).


Cite as: http://hdl.handle.net/21.11116/0000-0006-6369-5
Abstract
The present study illustrates the emergence and development of security law in Germany, focusing on concepts involving the role of the national intelligence services for purposes of crime control. It examines the underlying security polices and the constitutional limits of restructuring the intelligence, police, and criminal prosecution authorities. The resulting shifts gave rise to a complete redrawing of the boundaries between them. In order to make these shifts unambiguously clear, the authors look at the investigation thresholds in affected areas and describe how crime control can be carried out under different labels. In addition, they specifically address the problem of how intelligence information is introduced at different stages of the criminal proceedings and explain how some evidence is kept secret during the proceedings. The authors also examine the theoretical foundations in jurisprudence and in literature as well as their practical application in statutory law.