Establishment of identity (e.g. request for identification) is only permissible if it can be assumed on the basis of certain facts that one is the perpetrator or witness of a crime. In the course of establishing identity, the criminal police may ascertain the name, sex, place of birth, occupation and residential address. If necessary, the police may also determine the height, take fingerprints or photograph the person concerned.
The police must inform the person concerned about the purpose and reason for the identification. This includes information regarding the facts that such an identification is being carried out and that the person concerned is a possible witness or perpetrator of a particular crime.
There is a duty to cooperate when establishing identity. In the event of a non-compliance, clothing and baggage may be searched. Whether the police may stop the person concerned and for how long is disputed.
It should be noted that, in addition to the provisions of the Code of Criminal Procedure, there may also be other legal bases for establishing identity (e.g. under the Security Police Act).
