Untersuchungs- und Eingriffsrechte privatgerichteter Untersuchungsausschüsse: Zum Verhältnis von Strafprozess und PUAG

Description

This work provides a critical analysis of the inquiry and intervention rights of investigation committees investigating in the private sphere based on references to criminal procedure regulations in article 44 section 2 sentence 1 of the Basic Law of the Federal Republic of Germany (Grundgesetz - GG) and in the law of parliamentary investigation committees (parlamentarische Untersuchungsausschussgesetz - PUAG). The specialized subject matter of direct and indirect admissibility of investigations in the private sphere has been thoroughly examined in literature and legislature. In many ways, a basically austere system has developed within the structure of constitutional, criminal, and investigation committee law with steadfast criteria on the assessment and examination of the constitutional law based admissibility of investigation committees investigating the private sphere. The main focus of the following examination is, however, not anchored in the subject matter of the admissibility of investigation committees conducting investigations in the private sphere, but rather considers the individual inquiry and intervention rights and how they are affected by the analogous application of criminal procedure law according to article 44 section 2 sentence 1 GG after the enactment of the PUAG. This work aims to define the extent and limitations of the inquiry and intervention rights. Following an overview of admissibility and the requirements for the use of parliamentary investigation committees in the private sphere (B.I), the parliamentary inquiry and intervention rights (B.II.) as set out in the PUAG are described. This is followed by a definition of the content and scope of the analogous application of the regulations on criminal procedure under article 44 section 2 sentence 1 GG and how this affects the parliamentary investigation committees' authorization for gathering evidence (C.). A definition of the existing inquiry and intervention rights in light of references to regulations on criminal procedure follows (D). In this manner, a practice relevant presentation of the inquiry and intervention rights of parliamentary investigation committees investigating in the private sphere is provided.