Law enforcement in Germany is constitutionally vested primarily with the states—one of the main features of German federalism. Additionally to those 16 state police forces (Landespolizei), there exists a federal police (Bundespolizei), as well as a federal investigative bureau (Bundeskriminalamt), the customs service (Zoll), and a small police force at the German parliament (Bundestagspolizei).
History Policing remained a responsibility of the German states even after 1871 when the country was unified. The 1919 constitution of the Weimar Republic did provide for the possibility of creating a national police force, should the necessity arise, but it was only in the Nazi era that the regular police (Ordnungspolizei) and the political police Gestapo (short for Secret State Police) were unified under central control and a national police authority was created (the Reich Security Main Office—Reichssicherheitshauptamt, or RSHA). The police, together with SD, SS and SA, became a tool of the centralized state terror and the Nazi party. Following its defeat of 1945, Germany was divided; in 1949 the three western zones were turned into the new West Germany, while the Soviet zone became East Germany. Each country pursued a different path concerning law enforcement.
In light of the gross misuse of power by the centralized Nazi state, the new West German constitution provided a strict separation of powers, placing law enforcement firmly in the hands of the states. The only policing agencies allowed at the federal level were the paramilitary Federal Border Protection (German: Bundesgrenzschutz), also responsible for coast guard services, and the Federal Office for Criminal Investigation, both under the supervision of the Federal Ministry of the Interior. East Germany created a centralized police force under the Ministry of the Interior, the paramilitary Volkspolizei (literally "People's Police"). It also established a border police force (German: Grenztruppen der DDR), initially an independent force, later integrated into the army and then reorganized as an independent military organization.
Because Germany's borders became largely open in 2005, due to the development of the European Union and spread of the Schengen Agreement to all neighbouring countries, the Federal Border Protection (Bundesgrenzschutz) was renamed to Federal Police (German: Bundespolizei).
Federal agencies
Federal Police
Established in 1951, the Bundespolizei (BPOL) is the uniformed federal police force. It is subordinated to the Federal Ministry of the Interior (Bundesministerium des Innern (BMI)).OSCE Entry on BPOL http://polis.osce.org/countries/details.php?item_id=17#Country_Profile_Section_211 The Bundespolizei was previously known as the Bundesgrenzschutz (BGS) ("Federal Border Protection") and had a more restricted role until July 1, 2005, when the law renaming the BGS as the BPOL was enacted. However, the duties of the Federal Police still are limited to the security of railway lines, main railway stations, airports, sea ports, and several other special duties, mainly related to border control.
All personnel on duty carry sidearms. Some units have light aircraft and helicopters to facilitate rapid access to remote border areas and for patrol and rescue missions. A coast guard force forms a part of the BPOL. It is equipped with 14 large patrol craft and several helicopters.
In addition to controlling Germany's border, the BPOL serves as a federal reserve force to deal with major disturbances and other emergencies beyond the scope of state police. The BPOL guards airports, and several highly trained detachments are available for special crisis situations requiring demolition equipment, helicopters, or combat vehicles. After shortcomings in police procedures and training were revealed by the terrorist attack on Israeli athletes at the 1972 Olympics, a special force known as Border Protection Group 9 (GSG-9) was formed to deal with terrorist incidents, especially hostage situations. The GSG-9 won world attention when it rescued 86 passengers on a Lufthansa airliner hijacked to Mogadishu, Somalia, in 1977.
A military rank structure similar to that of the Bundeswehr was replaced in the mid-1970s by civil service-type personnel grades. The service uniform was green but has been changed to blue.
The West German Railway Police (Bahnpolizei), formerly an independent force, and the East German Transportpolizei were restructured under the BGS to form the Bundespolizei in 1990.
Federal Criminal Police Office
Another central police agency, the Federal Criminal Police Office (German: Bundeskriminalamt / BKA), with approximately 7,100 agents, operates nationwide from headquarters in Wiesbaden. The BKA is a clearinghouse for criminal intelligence records.
It provides assistance to the State Criminal Police Offices (German: Landeskriminalamt / LKA) in forensic matters, research, and criminal investigations. It is also the national point of contact for the International Criminal Police Organization (Interpol). The BKA conducts its own criminal investigations or enters existing cases only when requested by state authorities, or in cases involving two or more states. The BKA has been involved in investigations against various terrorist groups since the 1960s.
Federal Customs Service The Federal Customs Service (German: Bundeszollverwaltung) is the executive and fiscal administrative agency of the Federal Ministry of Finance. It was founded in 1949 in West Germany. The purpose of the Customs Service is to administer federal taxes, execute demands for payment on behalf of the federal government and federal statutory corporations, monitor the cross border movements of goods with regard to compliance with bans and restrictions, and prevent illicit work. Uniformed federal agents are used for the execution of the financial legislation. Subordinated to the federal customs service, the Customs Investigation Bureau in Cologne (German: Zollkriminalamt / ZKA) coordinates customs investigations nationwide in particular monitoring foreign trade, uncovering violations of EU market regulations, illegal technology exports, subsidy fraud in the agricultural sector, drug trafficking and money laundering. In response to the increasing violence against law enforcement officers, the customs SWAT team, the Central Customs Support Group (German: Zentrale Unterstützungsgruppe Zoll / ZUZ) was implemented in 1997 as the customs tactical unit for dangerous missions.
Parliamentary Police
The German parliament, the Bundestag, has its own small police force (German: Polizei beim Deutschen Bundestag, or simply Bundestagspolizei) of approximately 200 active officers.
Military police
The Feldjäger are responsible for carrying out military law in Germany. It was re-established in October 1955. They have no power over civilians.
Intelligence Services The two main federal intelligence services—the Federal Intelligence Service (German: Bundesnachrichtendienst / BND) for foreign intelligence and the Federal Office for the Protection of the Constitution (German: Bundesamt für Verfassungsschutz / BfV) for domestic intelligence—are no police forces and are constitutionally barred from having any respective powers (e.g., the authority to arrest) or equipment.
State agencies
State Police Forces
The German states are responsible for managing the bulk of Germany's police forces.OSCE entry http://polis.osce.org/countries/details.php?item_id=17#Country_Profile_Section_212 Each state has its own police force known as the State Police (German: Landespolizei). Each state promulgates a law which lays down the organisation and duties of its police (Landespolizeigesetz or Sicherheits- und Ordnungsgesetz).
Although the state police forces are regulated by sixteen different legislatures and are, in fact, different police forces, there has been an increasing tendency toward standardization of police activities nationwide. Concerns about terrorism and the growth of organized crime have strengthened the movement to centralize police procedures and operations. The idea of creating one single police code for the whole of Germany (allgemeines Polizeigesetz) came up in the 1960s but never passed.
These forces are organized by cities, towns, or rural communities, but all are integral components of the police forces of the state in which they are located. The respective state minister of interior supervises police operations in his or her jurisdiction. Although the internal organizations differ somewhat, all state police are divided into the Protective Police (German: Schutzpolizei / SchuPo), a uniformed service carrying out routine law and order duties, and Criminal Police Office (German: Kriminalpolizei / almost always abbreviated with KriPo, see below), who carry out criminal investigations. The separate Administrative Police formerly had duties that included the registration of residents and the issuance of passports, identity cards, and various permits. These functions have been transferred to civil state government departments (Einwohnermeldeamt—Resident registration office) in all states.
The uniforms and vehicle colour schemes of the state police forces show slight differences, but are today all held in blue. The idea of using the same colour for police uniforms and vehicles throughout the European Union has been realized in all German state police forces and the federal police. All vehicle liveries and uniforms changed from white/green to silver/blue by 2018. The basic silver colour for vehicles in the most states, is actually increasing the resale value and thus lowers leasing costs. The uniforms already have been changed by all state police forces and the federal police from the green/beige version introduced in 1979 to blue ones. Hamburg was the first state to make the transition, Bavaria the last state, finishing the replacement of the green/beige uniforms in 2018.
Auxiliary State Police Forces Some German states maintain auxiliary police forces under different denominations, depending on the state's legislation. In most auxiliary forces, the officers are armed with pepper spray, in some forces with the regular equipment of professional police officers. Some states maintain a "Voluntary Police Service" (German: Freiwilliger Polizeidienst) like Baden-Württemberg and Hesse, some a "Security Watch" (German: Sicherheitswacht), like Bavaria and Saxony, and only Brandenburg offers a "Security Partner" (German: Sicherheitspartner) program.
Their main duty is crime prevention by: conducting walking patrols to deter street crime patrolling near schools and kindergartens maintaining contact with potential victims of crime and juvenile delinquents.
Bavaria has instituted a system of citizen patrols (Sicherheitswacht) in which unarmed teams of two volunteers patrol assigned areas to improve subjective security. These teams carry a radio to call for help if necessary and a pepper spray for protection. A white armband with black letters identifying them as a "Security Watch" patrol.
Citizens in Baden-Württemberg can participate in the volunteer police programme, where roughly 1,200 citizens voluntarily assist their local police in 20 towns. These volunteers are specially trained, wear regular uniforms and are sworn and armed with normal police gear.
Citizens in Hesse and Saxony can also participate in a Volunteer Police program, where some citizens voluntarily assist their local police. The volunteers are trained for 50 hours in Hesse and 60 hours in Saxony, receive uniforms, pepper spray and a mobile phone in Hesse and a radio in Saxony.
In Brandenburg there were established about 200 security partners along the Polish border as well as around Greater Berlin. The legal basis is a decree of the State Minister of the Interior of 11 October 1995.