Anonymous

Article 13: [Inviolability of the home]
1.
The home is inviolable.
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Inalienable rights
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Right to privacy
2.
Searches may be authorised only by a judge or, when time is of the essence, by
other authorities designated by the laws, and may be carried out only in the
manner therein prescribed.

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constituteproject.org
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Page 12
Germany 1949 (rev. 2012)
3.
If particular facts justify the suspicion that any person has committed an
especially serious crime specifically defined by a law, technical means of
acoustical surveillance of any home in which the suspect is supposedly staying
may be employed pursuant to judicial order for the purpose of prosecuting the
offence, provided that alternative methods of investigating the matter would be
disproportionately difficult or unproductive. The authorisation shall be for a
limited time. The order shall be issued by a panel composed of three judges.
When time is of the essence, it may also be issued by a single judge.
4.
To avert acute dangers to public safety, especially dangers to life or to the
public, technical means of surveillance of the home may be employed only
pursuant to judicial order. When time is of the essence, such measures may also
be ordered by other authorities designated by a law; a judicial decision shall
subsequently be obtained without delay.
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Emergency provisions
5.
If technical means are contemplated solely for the protection of persons
officially deployed in a home, the measure may be ordered by an authority
designated by a law. The information thereby obtained may be otherwise used
only for purposes of criminal prosecution or to avert danger and only if the
legality of the measure has been previously determined by a judge; when time is
of the essence, a judicial decision shall subsequently be obtained without delay.
6.
The Federal Government shall report to the Bundestag annually as to the
employment of technical means pursuant to paragraph (3) and, within the
jurisdiction of the Federation, pursuant to paragraph (4) and, insofar as judicial
approval is required, pursuant to paragraph (5) of this Article. A panel elected by
the Bundestag shall exercise parliamentary oversight on the basis of this report.
A comparable parliamentary oversight shall be afforded by the Länder.
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Subsidiary unit government
7.
Interferences and restrictions shall otherwise only be permissible to avert a
danger to the public or to the life of an individual, or, pursuant to a law, to
confront an acute danger to public safety and order, in particular to relieve a
housing shortage, to combat the danger of an epidemic, or to protect young
persons at risk.
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Emergency provisions