The measure serves to clarify who a particular person is when there are specific indications of a connection to a criminal offence. It may be carried out if, on the basis of certain facts, it can be assumed that the person concerned was involved in a criminal offence, can contribute to clarifying it, or has left relevant traces. The measure is not limited to merely requesting personal data, but may also include further means such as photographs, voice recordings, or fingerprints, provided these are necessary for clear identification. At the same time, there is a statutory duty to cooperate, and if cooperation is refused, identity may also be established by coercive measures.

Definition and classification of establishing identity

Establishing identity is a key measure in criminal proceedings and serves to clearly identify a person. The criminal police resort to it when there are specific indications that a person is connected to a criminal offence. It is sufficient that someone may be considered a participant, can contribute to clarifying the matter, or has left traces.

However, the measure may not be carried out without a specific reason. The authorities must rely on comprehensible facts. Mere suspicions or general checks are not sufficient. This keeps establishing identity strictly tied to criminal proceedings.

Typically, it is used when a person is encountered at the scene, appears to be a possible participant, or, as a witness, has made relevant observations. The aim is always to establish identity reliably so that further investigations can be carried out with legal certainty.

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Requirements for establishing identity

The criminal police may establish identity only if specific facts establish a connection to a specific criminal offence. This threshold is deliberately set low because the measure often occurs at the beginning of investigations. At the same time, the law requires a verifiable basis.

In particular, the measure is permissible in the following cases:

• if a person may be considered the perpetrator or a participant
• if they can contribute to clarifying the matter
• if they may have left traces

Presence at the scene may already be sufficient, provided there is a comprehensible connection. Nevertheless, the principle of proportionality remains decisive. The authorities may not do more than is necessary to establish identity.

Scope of permissible data and measures

Establishing identity is not limited to presenting an ID document. The criminal police may collect all data that clearly identifies a person, in particular name, date of birth, and residential address.

In addition, the law also permits further measures if they are necessary. These include, for example, photographs, voice recordings, or fingerprints. Such measures interfere more strongly with privacy and must therefore be specifically justified.

What matters is always the purpose. The criminal police may use only those means that are actually necessary for clear identification. Any excessive data collection is unlawful and, in practice, often provides grounds for legal review.

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Duty of cooperation of the person concerned

Every person is obliged to cooperate appropriately in establishing their identity. This means providing the necessary information and presenting existing identification documents, insofar as this is possible and reasonable. The duty to cooperate is not a mere formality, but a legal obligation in criminal proceedings.

At the same time, the criminal police have a clear duty to provide information. Upon request, they must state the reason for establishing identity. This enables the person concerned to understand why the measure is being carried out. This transparency is an essential element of legal oversight.

It becomes problematic when the person concerned does not cooperate. Anyone who refuses to cooperate or provides incomplete information risks further measures. A blanket refusal is therefore regularly disadvantageous from a legal perspective and escalates the situation.

Enforcement of establishing identity in the absence of cooperation

If a person does not cooperate or their identity cannot be established immediately, the criminal police may enforce the establishment of identity by coercion. In this case, the law permits, in particular, a search of the person in order to find documents or other indications of identity.

This measure interferes significantly more with the rights of the person concerned and is therefore subject to strict requirements. It may be carried out only if identity cannot be established in any other way. Here too, the authorities must observe the principle of proportionality.

For those affected, this means that a refusal will regularly lead to further measures. Anyone who does not disclose their identity loses control over the process, because the criminal police will then independently take the necessary steps to establish identity.

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Your Benefits with Legal Assistance

At first glance, establishing identity may appear to be a simple routine act; in reality, however, it often determines the further course of criminal proceedings. Even at this early stage, the course is set in ways that can later be difficult to correct. Legal representation ensures that your rights are protected from the outset.

• Early legal assessment of the situation and a clear evaluation of whether the measure is permissible at all
• Review of proportionality, especially for further measures such as fingerprints or photographs
• Avoiding unnecessary self-incrimination by coordinating your conduct towards the authorities in a targeted manner
• Review of possible legal violations and securing points of attack for the further proceedings
• Strategic support already at the initial stage to prevent disadvantages later on

Precisely because establishing identity often takes place at the beginning of proceedings, its significance is frequently underestimated. Anyone who acts rashly here unnecessarily worsens their position. A lawyer’s assessment ensures that you proceed in a structured, controlled, and legally secure manner and do not take avoidable risks.

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FAQ – Frequently Asked Questions

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