The ZKA's February 2026 directive relies on a legal basis the BGH overturned in January

Assessment

The directive, dated 20 February 2026 and reproduced in full, states that "according to the legal opinion of the BGH, the technique constitutes a measure under §100a(1) sentence 1 StPO" and cites "BGH Beschluss v. 9.7.2020 – 2 BGs 468/20." The Bundesgerichtshof's 3rd Criminal Senate held on 20 January 2026 (3 StR 495/25) that the investigating magistrate's view in that 2020 decision "is not to be followed" and that the measure falls under sentences 2 and 3 as Quellen-TKÜ. ThreatPaper read both documents. The ZKA, asked whether the ruling changed its practice, said the information is classified.