Friday, March 26, 2021

The German Polizei and American civilians

The U.S. Army published an article for Americans living in Wiesbaden, Germany. The article explains how the Polizei operate in the area, joint training they conduct with the Military Police, and how Americans can engage their services. 

The article also briefly mentions jurisdictional issues involved in prosecuting American civilians, and understandably reminds civilians that they may be prosecuted by the German government.  (Customarily, the Germans waive primary jurisdiction for military members to allow for trial by court-martial). The article fails to mention, though, that American civilians often escape criminal sanction for misdemeanor level conduct because the Germans aren't too interested in prosecuting relatively minor crimes, especially when there is no nexus to German citizens or their property.  

This issue has been of interest to me since I was an active duty JAG prosecuting Soldiers stationed in Germany. In 2010-2013, it seemed like the U.S. government had no method to criminally convict minor criminal conduct, such as domestic abuse or larceny, because civilians were not subject to the UCMJ. The only censure was to revoke permission to for the civilian to enter base or to remain in Germany on a Status of Forces Agreement-based visa. A tough problem that appears difficult to correct. Anyway, don't take this as permission to commit minor crimes. That's never a good idea!

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