Skip to content
Emergency

Forensic identification treatment: fingerprints and photos

With a forensic identification treatment (ID), fingerprints, photographs and measurements are recorded, usually for future criminal proceedings. It is only permitted under certain conditions. You can challenge the order and demand the deletion of the data after the proceedings end.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Check your right to a lawyer →

Your chances of getting your money back

An ID treatment may be ordered if it is necessary for the purposes of future criminal proceedings (§ 81b StPO). It requires a concrete negative prognosis, not every occasion justifies it.
Against the order you can lodge a legal remedy (administrative or criminal procedural, depending on the basis). If the proceedings are discontinued or end in an acquittal, you can demand the deletion of the recorded data.

What you should do now

  1. 1

    1. Check the order

    Clarify the legal basis and whether a concrete necessity for future proceedings is set out.

  2. 2

    2. Consider a legal remedy

    Against the ID order you can, depending on the basis, lodge an objection or an application for a court decision.

  3. 3

    3. Document the process

    Record what was recorded and on what basis.

  4. 4

    4. Demand deletion

    After a discontinuation or acquittal, apply for the deletion of the identification records.

How to spot the scam

  • The ID treatment is ordered without evident necessity.
  • A negative prognosis is not concretely justified.
  • After the proceedings end, the data are not deleted.

Frequently asked questions

Do I have to submit to the ID treatment?

A forensic identification treatment can be ordered if it is necessary for the purposes of future criminal proceedings (§ 81b StPO). But it is subject to conditions and can be challenged. You do not have to accept it without objection.

How do I defend against it?

Depending on the legal basis, you can lodge an objection against the order or apply for a court decision. Have the concrete order and its justification reviewed, if the required necessity prognosis is missing, it is open to challenge.

Will my data be deleted again?

If the proceedings are discontinued or you end with an acquittal, you can demand the deletion of the recorded fingerprints, photos and data. For this, file a deletion application with the competent body.

Take action now

We put together the ready-made texts and the right places to contact for you.

Check your right to a lawyerCheck a suspicious message
More help: Emergency by phone · Act together · Right to a lawyer · All guides

General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.