Abstract
On March 3, 2004, theBundesverfassungsgericht(German Federal Constitutional Court) decided that the regulations in theStrafprozessordnung(StPO – Code of Criminal Procedure) concerning acoustic surveillance of housing space (the so called “Großer Lauschangriff“) partly violate theGrundgesetz(GG – German Constitution or Basic Law). Article 13.3 of the Basic Law itself, which in 1998 integrated the right to acoustic surveillance of housing for reason of prosecution into the Basic Law, was nonetheless found to be constitutional. In the following comment, the legal status, the political background of the constitutional change in 1998 and the essential content of the Court's decision shall be examined in detail.
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