독일법상 국가안보정보기관 수집 정보를 형사소추기관에게로 전달·공유할 수 있는 요건·범위

It is common for national security intelligence agencies to have strong secret intelligence collection authority to prevent national security risks. In national security risk cases, state protection crimes or other crimes may be in question. If the National Security Intelligence can too broadly Agency recognizes the transfer and sharing of such information to criminal prosecutors too broadly transfer and share such information to criminal prosecutors, it may be a circumvention of the investigative agency's secret evidence collection authority, while if it is too narrow allowed, it is not consistent with the state's obligation to protect basic rights. Germany regulates in detail in which extent the National Security Intelligence Agency can deliver and share information collected by national security intelligence agencies to criminal prosecutors for criminal prosecution purposes. However, in 2022, the German Federal Constitution decided against such regulations for violating the principle of clarity and the principle of excess prohibition, and the German legislator fully revised the information delivery and sharing regulations under the National Security Intelligence Agency Act to reflect the German Federal Constitution decision in December 2023. The "requirements and scope of sharing of information for criminal prosecution purposes" under the German National Security Intelligence Agency Act can have great implications for seeking problems and improvements in the Korean Communications Secret Protection Act.