Ermittlungen gegen Krach: Durchsuchungen im Wahlkampf: Ist das erlaubt?

Prosecutors are investigating Berlin SPD candidate Steffen Krach in connection with important elections in Lower Saxony and Berlin. This timing has raised questions, as searches and investigations during election campaigns are generally permissible, but under strict conditions. In Berlin, WirtschaftsSenator Franziska Giffey (SPD) called the timing "very special."

On Wednesday, the Public Prosecutor's Office conducted searches at several locations in Hannover and Berlin. Four days later, there are municipal elections in Lower Saxony, and a week after that, the Berlin parliament elections. The legal basis for such searches is the requirement of concrete evidence of a preliminary suspicion.

While the standards are generally more lenient, vague suspicions are insufficient, according to Professor Christian Becker from the University of Bremen. Proportionality is crucial, especially for private residences, and alternative, milder means should be considered. The investigation should not only respect the rights of the accused but also avoid influencing their electoral decisions.

A judge typically orders a search, but it can be overridden only if there's an imminent danger. The prosecutor presents the basis of the preliminary accusation, where and why the search is necessary and proportionate. Searches can be planned to some extent, especially when investigating multiple locations simultaneously, or to maintain surprise.

The accused is not informed beforehand, and the decision should not be delayed. According to Becker, a search decision cannot be kept for months and only acted upon later, as it would be legally inadmissible. The Hannover Public Prosecutor's Office has been investigating Krach since September 3rd.