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Identification treatment
Criminal defense attorney Munich

Odeonsplatz 2 | 80539 München SOS +49 (0) 160 96 86 40 11 info@h2-rechtsanwaelte.de WhatsApp Chat

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Identification Processing

In addition to personal data, biometric data of the person concerned is also collected during identification processing. This means that the measures go beyond mere identification. Identification processing can be carried out for two different reasons:

  • for the purposes of criminal prosecution (Section 81b, Alternative 1, Code of Criminal Procedure) or
  • for the precautionary storage of identification information, i.e., for preventive reasons (Section 81b, Alternative 2, Code of Criminal Procedure).

The legal basis of the order plays a crucial role in the filing of an appeal. Data collection for preventive purposes can be challenged by filing an objection. Please contact us immediately if you have received a summons for identification processing. H2 Rechtsanwälte will promptly examine the purpose of the summons – which is difficult for laypeople to determine – and its legality. If necessary, we will take targeted action against it. If the summons is lawful and you must comply, you should bring H2 Attorneys with you to your summons appointment. They will ensure that your rights are protected at all times. Even if ED processing has already taken place, it is possible to file an appeal afterward and, in the best case, obtain the deletion of the data.

What’s the legal situation?

Do I have to appear for identification procedures?

If you receive a summons for identification procedures from the police, there is no obligation to appear at the appointment. Nevertheless, you should urgently have the relevant letter reviewed by an experienced criminal defense attorney from H2 Attorneys.

If the summons comes from the public prosecutor’s office, it is mandatory – provided there is initial suspicion of a crime. If you fail to comply with such a summons, it may be carried out using direct force (police appearance).

What measures may the police take during identification procedures, and what may they not do?

  • Taking photographs
  • Taking fingerprints (and (possibly footprints)
  • Photographing special body features (e.g., tattoos)
  • Measuring height
  • Measuring body weight
  • Conducting a scent comparison with a service dog
  • Take handwriting samples from the affected person
  • Take speech and voice samples from the affected person
  • Take DNA

How should I behave during identification procedures?

  • Stay calm and confident.
  • Do not resist.
  • You have a duty to tolerate, not to cooperate.
  • Remain silent!
  • Do not answer any questions from the officers and do not make any statements. Don’t get drawn into seemingly casual conversations.
  • Every statement you make can later be used in court and have serious consequences for the success of your criminal defense.
  • Refuse to provide a handwriting or voice sample. You have the right to do so.
  • Do not provide a DNA sample (saliva, blood).
  • Do not fill out any forms.
  • Do not sign anything.
  • Have your criminal defense attorney accompany you to the summons hearing.

The most important thing again:

Have your criminal defense attorney accompany you to the summons hearing. H2 lawyers are at your side.

In the event of an arrest, house search,
or other restrictions, WE WILL HELP IMMEDIATELY.

  1. Remain calm
  2. Remain silent about the charges
  3. Contact a criminal defense attorney
  4. Do not sign anything
  5. Objection to identification measures
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Refuse to testify,
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We guarantee constant availability; in particularly urgent cases, you can reach a lawyer directly at any time of day via the emergency number.

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The most important tip in criminal law – Identification treatment

REFUSE TO TESTIFY, CONTACT A LAWYER

The most important tip applies to drug law (Identification treatment) just as it does to general criminal law: Accused persons should not testify. Indiscriminate statements usually lead to self-incrimination, which greatly complicates the defense’s subsequent work.

Instead, those affected should refuse to testify and immediately call H2 Attorneys at Law in Munich. The attorneys are available 24/7 via the emergency number. Our drug law specialists will develop a prudent trial strategy.

These considerations also include questions such as:

  • Is therapy considered instead of punishment under Section 35 of the Narcotics Act?
  • Can measures of reform and security be avoided?
  • Is the leniency program under Section 31 of the Narcotics Act suitable?