In principle, the Public Order Office welcomes any relevant information. Anyone has the right to have their report treated anonymously if they so wish. However, this makes the Public Order Office’s work considerably more difficult. In the case of completely anonymous reports (e.g. ‘Mr X… from Y… did something illegal on …; please could the Public Order Office look into this as a matter of urgency. Kind regards, a concerned citizen’), we are usually unable to verify the truth of the matter at all. Furthermore, we are deprived of the opportunity to ask specific questions (even in the case of frequent parking offences, for example in the evening or similar times, specifying the time at which the offences most frequently occur is very helpful for planning special operations).
Another problem is that the public order authority almost never has the power to impose penalties in response to such reports. Administrative offences requiring conclusive evidence cannot be reported without witnesses. So if Mr X from Y took green waste into the woods on day Z, the local authority ultimately only sees the rubbish in the woods and can document this. However, no link can be established between the rubbish and Mr X, because an anonymous letter has no evidential value in court and the local authority did not, after all, see Mr X dumping the rubbish themselves.
In that respect, these completely anonymous reports are of no use whatsoever to the Public Order Office.
And that is as it should be! For in a state governed by the rule of law (Article 19(4) and Article 20(3) of the Basic Law), the presumption of innocence applies as a matter of principle. The other party must always be given the opportunity to be heard in order to comment on the facts alleged. If, therefore, judges were to impose heavy fines solely on the basis of anonymous allegations – which cannot be verified on the ground and which appear only in an anonymous letter – this would run counter to the principle of the rule of law.
The Public Order Office therefore does not investigate these completely anonymous reports, or does so only in exceptional cases.
If you notice any breaches, let’s try to have a constructive discussion about them. We understand that it is very frustrating when, for example, garden waste – or even non-organic rubbish – is dumped in the woods. As the Public Order Office, we are very keen to take action against such offences. The best way to do this is if you are also prepared to testify to what you have observed and, if necessary, to do so before the (Magistrates’) Court as part of any subsequent fine proceedings.
As mentioned at the outset, you do, of course, have the right to have your reports treated anonymously by us. However, please do allow us the opportunity to contact you if necessary in order to ask any follow-up questions. This possibility alone is very helpful for the further processing of the cases.
Thank you very much for your understanding and your help.
signed Rapsch
Head of Department 4 (Public Order, Safety, Trade and Cemeteries)