POLICING DRUG-ADDICTS IN GERMANY - SOME RESULTS OF AN EMPIRICAL-STUDY

This criminological study on police experiences, attitudes and decisio n-making in the field of drug-related crimes includes participant obse rvation, questionnaire studies among drug investigators (n = 465) and police officers working in other fields of investigations (n = 259), a nd interviews with experts at all levels of police organization and in different regions (n = 78). Contrary to the fundamental 'principle of legality' of German law, in the field of drug-related crime, police d iscretion is de facto almost as wide as in legal systems following a ' principle of expediency'. The police itself decides whether to initiat e criminal procedures mainly against users or against dealers; decisio n-making depends on individual and regional valuation of drugs and dru g prohibition as well as on expectations of politicians, authorities, and the general public. In criminal cases of drug abuse the police act ually is 'master of preliminary investigations' even though in Germany this function by law is assigned to the prosecuting attorney. Due to the methods of undercover investigations, part of the prosecuted crimi nality appears to be 'constructed' by the state.