My wife has alleged that she made a police complaint against me in Germany for a false domestic violence case. Is there a way to find out if any complaint has truly been filed against me or not if I don't live in Germany anymore?
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Related: law.stackexchange.com/q/78288/35069– user35069Commented Jun 8, 2023 at 6:15
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Note that in Germany, police is a state matter. Each Bundesland will have its own laws and own procedures governing such information. However, the EU Law Enforcement Directive does lay down basic privacy rights, including a right to access information the police holds about you, as long as disclosing that information to you wouldn't jeopardize ongoing investigations. It can take 3 months or more to get a response.– amonCommented Jun 8, 2023 at 7:29
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2 Answers
You can query the Zentrales Staatsanwaltliches Verfahrensregister regarding your own cases once they reach that level. I'm not sure how this works out if you are no longer in Germany, since you would have to prove that you are yourself. As I understand this site, they expect you to send a postal letter rather than a mail.
There is no guarantee of getting a complete answer. Investigations may be tagged as 'secret' to avoid warning the criminals. That would usually not be the case in a domestic violence investigation, but it is more common in organized crime cases and the like.
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Note that the request will almost never show up inquiries of Verfassungsschutz in the early stages and absolutely never those of the Abschirmung.– TrishCommented Jun 8, 2023 at 7:50
You can ask for a “Selbstauskunft”. I have no idea how you would get one, and what it costs, but the police would know. That would contain everything the police has on file about you (only you yourself would be able to get that information, everyone else would get something redacted).
If your wife’s complaint was serious enough to be written down it would be there. If she went to a police station, made a complaint, but let it slip to the officer that the complaint is false and only made to get you into trouble, then it might not ever have been recorded. That means legally the complaint doesn’t exist.
answered Jun 8, 2023 at 5:33
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1Actually, the police don't have to tell suspects everything they have. That would defeat such things as phone taps and undercover cops ...– o.m.Commented Jun 8, 2023 at 5:43
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Thanks. I will also try to get this. I just want to know whether there is anything on record or not. If it's not on record then I just need some proof that there is nothing on record in Germany. Commented Jun 8, 2023 at 7:00
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@GoodKarma, no such proof, see above. Only that Germany does not officially admit that there is something ongoing. Also, do you know the Führungszeugnis? You can request an official record of your recorded convictions, e.g. if you want to work in sensitive areas. But there as well, official agencies will get more than the citizens/residents themselves.– o.m.Commented Jun 8, 2023 at 10:12
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@o.m. Thanks. Yes, I heard about Führungszeugnis but that is a conduct certificate right? I am not sure whether I should apply for Selbstauskunft or Führungszeugnis. If at all a complaint was filled it would have been filed more than a year ago. So I guess their inquiry stage must be over. Commented Jun 8, 2023 at 20:17
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@GoodKarma, a Führungszeugnis contains convictions, not investigations. But an inquiry would remain open if the police were suspecting you of a crime and could not find you, depending on the severity of the charges. The thing which makes me hesitate in my answer is that you left Germany. If you were still living in Germany, one could say with high confidence that you would have received mail from the prosecutor's office or the police if there was anything to the charges. If you are in their files as unbekannt verzogen, the case may be gathering dust until they have your address again.– o.m.Commented Jun 8, 2023 at 20:34