Article 13 – Inviolability of the Home

(1) The home is inviolable.

(2) Searches may be ordered only by a judge or, in cases of imminent danger, also by other authorities as provided by law, and may be carried out only in the manner prescribed therein.

(3) If specific facts give rise to the suspicion that someone has committed a particularly serious criminal offense specifically defined by law, technical means for the acoustic surveillance of homes in which the suspect is presumed to be staying may be used, on the basis of a judicial order, for the purpose of prosecuting the offense, if the investigation of the facts would otherwise be disproportionately difficult or futile. The measure must be limited in time. The order shall be issued by a panel composed of three judges. In cases of imminent danger, it may also be issued by a single judge.

(4) To avert urgent dangers to public security, especially a general danger or a danger to life, technical means for the surveillance of homes may be used only on the basis of a judicial order. In cases of imminent danger, the measure may also be ordered by another authority designated by law; a judicial decision must be obtained without delay.

(5) If technical means are intended exclusively for the protection of persons engaged in operations in homes, the measure may be ordered by an authority designated by law. Any other use of the information obtained in this way is permitted only for the purpose of criminal prosecution or the prevention of danger and only if the legality of the measure has first been determined by a judge; in cases of imminent danger, the judicial decision must be obtained without delay.

(6) The Federal Government shall inform the Bundestag annually about the use of technical means pursuant to paragraph (3), as well as about their use within the jurisdiction of the Federation pursuant to paragraph (4) and, insofar as judicial review is required, pursuant to paragraph (5). A body elected by the Bundestag shall exercise parliamentary oversight on the basis of this report. The Länder shall ensure equivalent parliamentary oversight.

(7) In other respects, interventions and restrictions may be carried out only to avert a general danger or a danger to life of individuals, or, on the basis of a law, also to prevent urgent dangers to public security and order, in particular to remedy housing shortages, to combat the danger of epidemics, or to protect endangered young persons.