Germany – Research and development services and related consultancy services – Forschungsvorhaben zur Evaluierung der spezialpräventiven Wirkungen und technischen Rahmenbedingungen der Elektronischen Aufenthaltsüberwachung (EAÜ) im Rahmen der Führungsaufsicht

With a decision of 1 December 2020, the Federal Constitutional Court (BVerfG) declared the regulation on electronic residence monitoring (EAÜ) within the framework of supervision to be constitutional, but at the same time instructed the legislator to "empirically observe the special preventive effects and technical framework conditions of the EAÜ and, if necessary, adapt the legal regulatory concept to the findings obtained in this process" (4th guiding principle). According to the findings of the BVerfG, there is currently a lack of conclusive empirical evidence that the EAÜ leads to a reduction in the risk of repeat offending in the group of persons covered by § 68b paragraph 1 sentence 1 number 12, sentence 3 StGB. Since the EAÜ is particularly intrusive compared to the other measures of supervision, this gives rise to "special obligations of the legislator to observe and, if necessary, improve". The main objective of the research project is to investigate the special preventive effects of the EAÜ. The requirement of the BVerfG is also reflected in the legislative rationale for the introduction of § 68b paragraph 1 sentence 1 number 12, sentence 3 StGB. According to this, the EAÜ is intended to have a special preventive effect, in particular by enabling better monitoring of compliance with residence-related instructions under § 68b paragraph 1 sentence 1 number 1 and 2 StGB, but also by creating an increased risk of detection in the event of a repeat serious offence. Accompanying this, the technical framework conditions are to be examined (in particular with regard to data collection, battery life, possible malfunctions or signal interruptions and other technical peculiarities). The research objective described is to be achieved through qualitative, empirical research. Based on the findings of an earlier research project commissioned by the BMJ(V), which dealt with the practical implementation of the EAÜ but not its special preventive effects, the following methodology is suggested, which is explained in more detail in the tender documents: I. Recidivism study with comparative group observation An evaluation of the supervision and criminal records since the introduction of the EAÜ with regard to recidivism of electronically monitored offenders compared to non-electronically monitored offenders. The subjects of the control group should be as comparable as possible, in particular fulfilling the formal requirements of an EAÜ instruction under § 68b paragraph 1 sentence 3 number 1 and 2 StGB and having as comparable criminal factors as possible. II. Knowledge gain through interviews Accompanying interviews should ask about a special preventive effect of the EAÜ from various perspectives (e.g. surveying EAÜ subjects, staff of supervision authorities, probation officers, police risk programs and the Joint Monitoring Office of the Länder ("GÜL") as well as judges from the criminal enforcement chambers). III. Evaluation of relevant research and studies Accompanying this, the criminological research status on the special preventive effect of the EAÜ should be presented and evaluated (including model projects and national and international studies). The contractor is to independently develop a research concept. Based on the description of services, the research topics, research questions, and certain methodological approaches – not conclusively – are specified. On this basis, innovative solutions are to be developed and thus essential own contributions to the structured design of the service are to be made. A conceptual solution in the sense of § 14 para. 3 no. 2 VgV is expected. The service is to be awarded as a single contract. Further details can be found in the tender documents.