독일의 예방적 경찰활동과 비례원칙 법리 전개에 관한 연구

Abstract

Counter-terrorism has emerged as a globally significant security issue as we entered the 21st century. Consequently, in various countries, beyond the fundamental role of the police in criminal investigations, there has been an emphasis on proactive activities to prevent the occurrence of large-scale crimes like terrorism. Preventive policing signifies actions taken to detect the causes or early signs of terrorist activities and respond before they occur. The primary aim is to intercept potential threats or preparations for terrorist activities beforehand. Such actions involve stages of information collection, analysis, and pre-emptive response. During the information collection phase, data related to terrorism is gathered through various means, including the activities of terrorist organizations, preparation statuses for terrorist attacks, and movement and communication of terrorists. The acquired information is evaluated from multiple perspectives during the analysis phase to determine the level and immediacy of specific threats. In the pre-emptive response phase, concrete countermeasures are planned and executed based on the analyzed information. Throughout this process, preventive policing must take into account legal, social, and political constraints.
 While preventive policing for counter-terrorism is a vital method to ensure the safety of nations and their citizens, it also poses risks to fundamental human rights and personal privacy. Hence, such activities should be conducted under the principles of transparency, accountability, and proportionality.