Only security staff require a competence examination, which is special guarding activities according to § 34a GewO or wish to set up their own security company. The activities that may only be carried out with the 34a licence include, in particular, guarding in public areas, at admission areas or in various security activities in a managerial position: More here.
However, even if you want to carry out an activity for which the successful passing of a certificate of competence examination is actually mandatory, there are certain exceptions. Not all persons need the certificate of competence, even if they carry out regulated guarding activities or are self-employed as a security contractor with their own security company.
Who is exempt from the 34a examination…
Basically applies: Anyone who has completed a higher-level training or further training with a recognised (IHK) qualification in the security industry does not need an additional certificate of competence!
But be careful! There are a few more pitfalls. Here are the details on the exemption from the expert knowledge examination:
A person is exempt from the expert knowledge examination if he…
certified plant security specialist (WSFK) or as a certified protection and security worker (GSSK),
as a service worker for protection and security (SSS) or as a specialist for protection and security (FSS),
as a certified master craftsman for protection and security or as a certified master craftswoman for protection and security (MSS),
as a certified plant security foreman or forewoman,
…has successfully passed the corresponding final examination. Proof of this can be provided by presenting the respective examination certificate.
I have successfully completed the so-called “plant security courses”. Is this the same as the examination for expert knowledge?
No! The factory security courses (factory security course 1–2 or 1–4) are — without successfully passing the examination to become a factory security specialist — not equivalent! You need the expert examination. In addition, the IHK works protection specialist examination is no longer offered.
I was in the armed forces. Do I still have to take the examination?
Basically already. Caution is advised here: As a person doing basic military service, a temporary soldier or a professional soldier, you have to take the expert knowledge examination — regardless of whether you are currently obliged to be a soldier or not — if you (additionally) want to work in the private security sector and perform the corresponding guarding tasks. The only exception is for military police, i.e. the military police of the German Armed Forces. Military police officers are exempt from the expert knowledge examination, as military police officers have acquired a large part of the knowledge required in the expert knowledge examination during their training courses. Military police officers or sergeants, for example, do not need to take a Chamber of Industry and Commerce (IHK) examination; the proof is provided by the Bundeswehr’s training or service record. All other soldiers must acquire the 34a certificate.
Do I need a certificate of competence as a police officer?
There are exceptions both for police officers at state level (Land police) and at federal level (Bundespolizei). By the way, the same applies to employees in the correctional service and to the weapons-carrying area of the customs service. It is important to note that the obligation to take the examination is only waived if you work in law enforcement and have successfully completed the corresponding career examination — at least for the intermediate service. Police officers who work as civil servants in the police enforcement service therefore do not need a certificate of competence. Many police officers earn extra money privately, e.g. as doormen. Especially in conurbations where life is expensive, such as Munich, Stuttgart, Frankfurt, Hamburg, Berlin or Düsseldorf, a part-time job in a security company is a good way to earn extra money. Tip on the side: Make sure that you inform your (main) employer about your side job and ideally have it approved in writing.
I studied law, have an LL.B. or a state law degree. Do I really still need to take the expert knowledge examination?
It’s hard to believe: but of course, a (part-time) job in the security industry can also be interesting for prospective lawyers, be it to finance their studies or to gain impressions of the industry. Of course: In the field of law (public safety and order, trade law, data protection law, criminal law and criminal procedure law, civil code, code of criminal procedure, etc.) law graduates are already fit. That’s why you only need to catch up on the topics of accident prevention in the security industry (UVV, DGUV regulation 23), dealing with people and the basics of security technology. A certificate of participation in the IHK instruction procedure serves as proof of this. Together with a certificate of successful completion of a law degree at a university or academy that awards a degree equivalent to a university degree, no additional completion of the expert knowledge examination pursuant to §34a GewO is required.
I have been working as a security guard for many years. Is work experience not enough recognition?
No, not normally! However, there are certain transitional arrangements for “veteran” security workers. Employees in the private security sector who have participated in the required training since 1 April 1996 or who were already working in the security sector before 31 March 1996 and were previously exempt from training due to this cut-off date regulation are, so to speak, “grandfathered”. Attention: This exemption may only be invoked if it can be shown that the guarding activity was uninterrupted for at least three years before the cut-off date of 1 January 2003. For all others who have only been active in the security industry since 2003, such exemptions do not apply. So it is complicated! My tip: It is better to invest in taking the qualification examination and benefit from a “knowledge update” even as an experienced security employee!
Attention: Special cases!
There are some other special cases, such as the possible recognition of foreign certificates of competence. It is also not always clear whether the type of activity to be performed requires a qualification examination at all. If it is a matter of simple stewarding activities (e.g. car park ushers) or simply checking and tearing off admission tickets, there is usually no need for an expert knowledge examination, and in some cases not even the instruction according to § 34a GewO. However, borderline cases such as supervision or security services in museums or certain constellations of activities in event protection are sometimes controversial. (Such borderline cases are discussed again in separate articles here on the Infoportal). An important note: To be on the safe side, ask the Chamber of Industry and Commerce (IHK) and the competent authority whether your qualification is sufficient or whether you also have to take the IHK examination according to § 34a GewO. You will then receive legally secure, personal information. If you are new to private security, you are then allowed to carry out the corresponding activities after your reliability has been checked and you have been assigned the guard ID!
The topics of the expert knowledge examination in the guarding trade (§ 34a GewO) are
Law of public safety and order including trade law,
Data protection law,
Civil Code,
Criminal law and criminal procedure, handling weapons,
Accident prevention regulation for guard and security services,
Dealing with people, especially behaviour in dangerous situations, de-escalation techniques in conflict situations as well as intercultural competence with special attention to diversity and social diversity and
Basic principles of safety engineering.
Weighting
It is particularly important for preparation that some subject areas count twice. In particular the legal contents are with regard to the scoring stronger weightednamely concretely Law of public safety and order, Civil Code and Criminal law and criminal procedure.
The number of questions and the maximum points to be achieved in the overview:
Dealing with people: 16 questions / 16 points
Safety engineering: 8 questions / 8 points
Exam questions
When studying, it is best to concentrate on exam questions on legal topics. Basic knowledge is relevant here (Basic Law, e.g. state structure/principles) as well as the relevant paragraphs from the Criminal Code (StGB) and the Civil Code (BGB). Classics are questions on the basic structure, legal definitions, offences with their characteristics and offences. You should also place a strong focus on the so-called everyman’s rights (grounds for justification and excuse). In the area of the Code of Criminal Procedure (StPO), the provisional arrest found in section 127 is relevant.
Both the written and oral examinations cover the topics listed above.
The legal basis is the Surveillance Ordinancenamely § 9 in conjunction with § 7 BewachV. The list of examination topics or contents can be found in Annex 2 of the BewachV.
In this blog of the Sachkunde-Infoportal, questions are presented again and again that can occur in the exam in this or a similar way. For more insider tips and to stay up to date, you can subscribe to the newsletter for free: https://www.sachkunde-34a.de/insider-tipps-lernunterlagen-34a/
The expert knowledge examination according to § 34a of the Trade, Commerce and Industry Regulation Act is an entry-level qualification for employees in the private security industry. It serves as proof of basic knowledge, especially with regard to fundamental legal aspects relevant to working in the guard and security service. In addition, the successfully passed expert knowledge examination with proof from the Chamber of Industry and Commerce is a prerequisite for carrying out special guarding tasks and being allowed to become self-employed as a security contractor.
A certificate of competence is required for the following activities
As a security guard (employee), you need proof that you have successfully passed an examination of competence at the Chamber of Industry and Commerce (IHK) (according to § 34a GewO) if you provide security in the entrance area of discotheques in the hospitality industry (bouncers), patrols in public traffic areas (e.g. city patrols), patrols in areas with actual public traffic, activities to protect against shoplifters (department store or store detectives). (e.g. city patrols), patrols in areas of the premises with actual public traffic, activities to protect against shoplifters (shop detectives), guarding of asylum and refugee accommodation (only in a managerial capacity) as well as guarding of large events with protected access (only in a managerial capacity).
The purpose of the expert knowledge examination
Why there is the expert knowledge examination has several reasons. When private individuals — including employees of security companies — guard other people’s lives or property, this entails special duties and a great responsibility. As a security guard, you have to know your rights and the legal limits, i.e. what is allowed and what is forbidden. On the other hand, due to their position as guarantor, they are obliged to prevent damage to the client. In contrast to the police, you do not have any special powers and must therefore be able to weigh up exactly to what extent you are allowed to interfere with the rights of third parties in a particular situation. If you go too far, you run the risk of being charged with offences such as deprivation of liberty or bodily harm. If you sleep on duty and do not comply with your duty to protect, you can also end up in court for committing an offence by omission if you cause harm. For these reasons, among others — listed here as examples — it is important to acquire the specialised knowledge in order to later have the necessary confidence to act in the guarding business.
In April 2021, in the blog post “Are there currently any examinations at the Chamber of Industry and Commerce because of Corona?” about the current state of affairs at that time regarding the implementation of IHK professional examinations. For a while, exams were cancelled or postponed. A strict hygiene regime applied.
After the back and forth of politics regarding covid protection measures and different rules, some of which were difficult to comprehend factually, a large part of the previous requirements have now been repealed in most federal states.
In principle, masks are no longer compulsory. However, it is recommended to carry an FFP‑2 mask.
Wearing at least a medical face mask during the examination is recommended, but is usually no longer compulsory.
Proof of testing, vaccination or convalescence is generally no longer required. (= no 3G requirement)
If you have tested positive for SARS-CoV‑2 and your examination date is coming up, it is best to enquire at the responsible IHK about the currently possible course of action. It is conceivable to withdraw from the exam and take it again at a later date or — depending on the federal state — to take it under certain protective measures.
Note: All information is without guarantee (as of 20.11.2022). Please note the current requirements of the examining IHK or the federal state!
Both Jörg Zitzmann as well as Kai Deliomini are very well known in the private security industry.
Among other things, both are represented in IHK examination committees in the field of protection and security, are active as authors of books for the preparation of the expert knowledge examination and are represented with many helpful videos on YouTube and in podcasts.
With not infrequent failure rates between 30 and 50%, the question naturally arises: What’s the reason?
Some factors for success or failure are obvious. Some problems can be solved quickly and easily, some simply require intensive learning, practice and perseverance. Before I go on to point out what I consider to be the main (mis)success factors, here is the very interesting conversation between Jörg Zitzmann and Kai Deliomini on YouTube:
My top 5 reasons why so many people fail the written and oral IHK specialist knowledge examination
From my experience, the following factors are the main reasons for failure with the “34a-licence”:
Lack of motivation / lack of interest
Many participants do not see any added value in the exam. They have no real interest in the content, so they don’t want to learn at all. This is particularly pronounced among people who are “sent” by their employer or the employment agency and are not actually interested in the private security sector at all. But even if the participation itself is of their own accord: The examination is often not seen as an opportunity but as a necessary evil. Lack of motivation and interest, however, are diametrically opposed to exam success.
No sufficient preparation of the content
Some people take the exam lightly. Multiple-choice questions with pre-set answers to tick off and only 50% necessary correct answers to pass — what could go wrong, you ask yourself. But far from it. The legal topics in particular are tough. In addition, there is excitement, especially in the oral exam, and questions where you may have to think a little outside the box. If you don’t have the necessary knowledge and thus the confidence to act, you will quickly be eliminated. Comprehensive preparation is the be-all and end-all for exam success!
Insufficient knowledge of German
A lot has already been asked and said about German language skills. One thing is certain: many people who work in the security sector are not native speakers of German. Multilingualism is often important for the job, but so is sufficient knowledge of German. This is because the examination is offered exclusively in German and you must also be able to communicate confidently in German in your everyday work as a security guard. Legal texts are written in difficult language, “officialese” is usually just as difficult to understand, and the exam questions sometimes depend on individual words that can change the meaning in one direction or another or provide hints for solutions.
Structure and manner of the examination are unclear
Many people are not completely clear about the framework conditions of the exam. But only if you know which topics are important and how, and how the exam is structured, can you prepare for it specifically and efficiently. For example, there are topics that you can quickly get over, which can usually be answered with common sense. Some topics, on the other hand, count twice and some require more intensive study. In addition, there are empirical values for the oral examination and tactical tips for working through test questions, which should be conveyed by a competent lecturer or author, for example.
Difficult individual conditions
Of course, people are different. Everyone has different personal prerequisites and the general conditions (e.g. family obligations, free time for learning, learning environment, etc.) also play a significant role in success and failure. You may also know people who can memorise things with a “quick glance” and recall this knowledge at the snap of a finger. Others, on the other hand, find this significantly more difficult. Some people also have no problem at all speaking in front of others in an exam situation, most are naturally tense, some participants suffer downright from exam anxiety.
Ask yourself to what extent the points above apply to you, how you can avoid mistakes in your preparation and compensate for any deficits. You can find more information on this right here in the subject knowledge information portal numerous tips and Links to other sites or media such as YouTube.
Self-defence is that defence which is necessary to avert a present unlawful attack against oneself or another.
Self-defence is a classic in the area of the examination of expert knowledge — and of course also elementary for professional practice!
We encounter self-defence in three laws at once, namely in § 32 StGB, in § 227 BGB and also in the Act on Administrative Offences in § 15 OWiG.
In today’s article, however, I am not directly concerned with self-defence as a justification and its individual elements. When you can invoke self-defence, i.e. physically attack someone without making yourself liable to prosecution, is described in detail in the text of the law. When preparing for the 34a examination in courses or books, the paragraph on self-defence is always described in detail and with illustrative examples.
One punch, one attack! Defend yourself, self-defence! All right?
In the examination of expertise in the guarding trade according to § 34a of the GewO, at least one question is almost always aimed at self-defence, e.g. at the preconditions when one is allowed to act in self-defence at all. Self-defence is an important justification for taking action against attackers without making oneself liable to prosecution. Because self-defence is an “everyman’s right”, any person may invoke it, including security guards, of course, provided that the conditions for self-defence are met. If the doorman is suddenly attacked with his fist in violation of the law, he may defend himself against the attacker. He is not liable to prosecution, even if the attacker suffers injuries and (hopefully) loses out. So far so clear. But:
What about theft or trespass?
Theft or trespassing also constitute an unlawful attack, namely on the legal right to property or the right of domicile. In these examples, it is certainly permissible to defend oneself and to use force to repel the attack! However, the proportionality and the means used for defence must always be considered.
Which legal interests are capable of self-defence at all?
Many learners mistakenly assume that one may only ever use force in self-defence in the case of a physical attack on oneself (self-defence) or on another person (emergency assistance). But this is wrong! In principle, any (individual) legal interest is capable of self-defence. In addition to life, limb and health, this also includes property, honour, assets (etc.) of a person.
Whether pandemic-related 34a exams are currently being conducted is a hot question
As things stand, the Chambers of Industry and Commerce (IHK’s) are trying to stick to the existing dates for examinations. Yes! The exams usually take place. However, there can be deviations, because in principle each chamber can decide for itself whether an examination is carried out, cancelled without replacement or postponed. In the case of the current corona crisis, this also depends on the regional incidence value, the current legal requirements and political decisions.
Pandemic plans/hygiene concepts and specifications of the IHK
Most chambers have hygiene concepts that specify the conditions under which examinations can be carried out.
For many chambers, the following rules apply (without guarantee):
A self-disclosure form must be filled out (no signs of illness, no previous stay in risk areas, no contact with infected persons, etc.).
Access and stay is only permitted with a mask (FFP 2 or comparable), so-called community masks (fabric masks) are usually not sufficient.
There are disinfectant dispensers at the entrances that are to be used for hand disinfection upon access
A minimum distance of 1.5 — 2 metres must still be maintained
Handshakes and other physical contact are not permitted.
Lifts are not to be used or are not to be shared
The examination rooms are ventilated continuously or at intervals (therefore remember to bring warm clothing if necessary!).
Only the participants’ own writing material may be used, working utensils may not be exchanged among the participants.
The gathering of people in the premises (corridors, etc.), e.g. during breaks or before and after the examination, will not be tolerated.
Up-to-date information!
Further applies: It is best to find out directly from the examining IHK what you have to observe — whether, for example, a medical certificate must be submitted or whether changes have occurred at short notice. The website of the respective IHK (keyword News / Corona) quickly provides substantial information here.
The crucial question in the field of subject matter preparation: How long to learn, how much to practise?
The question about preparation time is truly a classic question that I get asked again and again. But there is no one-size-fits-all answer to this.
The answer is: it depends!
There are a number of factors that influence the length of preparation. One major one is the learner himself/herself, others are the learning environment and conditions, and the way one prepares. Here some experiencewhich may of course differ in individual cases:
As a German Native speaker the exam is much easier for you overall
If you already Prior knowledge e.g. from a training course according to § 34a GewO, you only need to repeat and deepen a large part of the learning topics.
As a young person who is both Learning and learning methods still used to from school & studies, as well as Exam situations you often find it easier to prepare
Also on the side is the expert knowledge examination with a preparation period of approx. 2 months well manageable. If you have more time, e.g. because you have no other commitments and can study full time, a significantly shorter learning period will also suffice. Who a lot on one’s mind (family, job, voluntary work, etc.) should be on the safe side. Allow more time.
Besides your personal performance requirements also plays the Motivation play a big role! Motivated and goal-oriented people who see the exam positively as a new career opportunity usually prepare better and come out of the IHK exam successful!
If you use the wrong exam content learn or use these not properly explained become, then you are wasting time or get mixed up. The same applies to practice questions, which you should definitely prepare with. Use Tried and tested and well evaluated learning material such as books, flashcards, apps or online courses for your preparation!
By Fixed periods for learning (e.g. always in the evening from 6 to 8 p.m.), you can continuously expand your knowledge and overcome your inner obstacle more easily.
In addition, use otherwise Unused times and other free spaces (e.g. waiting time at the doctor’s, idling at work, travelling by train etc.) for learning and answering 34a test questions!
Best Practice: My recommendation for preparation on the side
If you would like to prepare for the expert knowledge examination on the side within one or two months and safely achieve your § 34a certificate, the following has proven itself following learning tactics proven:
Study with your learning material for 1–2 hours every day. On weekends, study one day, for a total of at least 8 hours very intensively — including working on test questions. (If you work on weekends, then take another day off as a weekly intensive learning day). At the end of each learning phase, do some mock exams to check your learning level (learning target check). Areas in which you are not yet proficient enough should be studied more intensively on the following days. Keep doing this until you achieve correct solutions in the stable 90% mock exams. Then you should be fit for the exam. You can find more tips — also for preparing for the oral exam — at www.sachkunde-34a.de/insider-tipps-lernunterlagen-34a.
No. Taking the 34a exam is only possible in German.
Security expertise test soon to be in Russian, Arabic or English
I have often been asked whether the expert knowledge examination according to § 34a GewO can also be taken in another language — as is the case with the driving licence examination, which in Germany is also conducted in English, French, Greek, Italian, Croatian, Polish, Portuguese, Romanian, Russian, Spanish and Turkish, among other languages. This is not possible in the case of the expert knowledge examination! And in my opinion, that is a good thing. While the rules in road traffic are quite similar in the EU, e.g. as far as the appearance and meaning of traffic signs are concerned, it is more delicate in the area of private security. On the one hand, you have to be able to navigate very safely through the legal norms here, i.e. you have to know the relevant laws and regulations of the country in detail. For another, you are always dealing directly with people and communication is an essential factor in dealing with others, e.g. in de-escalation. Quite apart from the fact that German legal texts are sometimes difficult to understand linguistically, the language also has its subtleties in practice. It therefore definitely makes sense to be able to communicate in the language of the country where you do your work. Of course, foreign language skills are also very important, if you think of events with an international audience, e.g. festivals or fairs. Multilingualism is a great advantage in the security industry.
Do I need proof for the IHK that I speak German well enough?
German language, difficult language — is a well-known statement. Experience has shown that non-native speakers have a particularly hard time passing the expert knowledge examination according to § 34a GewO at the first attempt. One reason for this is that the examination questions are often not easy to understand. Therefore, on the one hand, one should prepare well for the exam in terms of content, and on the other hand, one should have a certain amount of language skills from everyday life as well as from technical language (legal terms, technical terms from the field of security, etc.). So far, language skills are not a prerequisite for admission.. This means that you do not need to present a language certificate or similar proof in order to be allowed to take part in the expert knowledge examination.
Help for foreign-language subject matter participants
If you are new to Germany and don’t speak German very well yet, taking a language course definitely makes sense, also to prepare for the IHK examination. Often, adult education centres (VHS) offer language courses. The Federal Office for Migration and Refugees (BAMF) also promotes participation in language or integration courses. In addition, learning apps and of course using the German language in everyday life can be very helpful. Lexicons with technical terms for the security sector are commercially available.
Again and again I am asked questions about the content of the examination.
From now on, I will also occasionally go into more detail on frequently asked questions about the exam topics in the blog, especially those that cause confusion for many participants time and again.
Just recently, I received an enquiry from a learner who wanted to use the Subject matter learning portal prepared for the 34a exam online. He told me that there was supposedly an error in the test questions on the portal:
“When someone steals something, they have stolen it from someone else. The correct answer in the learning portal is that the thief is then the owner of the thing. That can’t be right. How can a thief be the owner if he has taken something from someone else against his will? That must be wrong!”
Let’s take a brief look at the facts under criminal and civil law
First of all, when it comes to answering the questions in the examination, it is important to know whether the question is about criminal law or civil law — or both. Accordingly, you have to look in particular at which offences from the Criminal Code (StGB) and/or the German Civil Code (BGB) apply.
If you look in the Criminal Code under § 242 theft and looks at the facts described, one quickly realises that this applies to the facts of the case. A person takes a movable thing from another person without being allowed to do so, in order to appropriate it for himself. The thief wants to keep the stolen goods for himself. He acts unlawfully.
However, nothing can be found at this point on the keywords Ownership or possession — You have to look at the BGB for that.
In the BGB, in § 854 Acquisition of possession stipulates that the owner is the one who has the actual power over the thing has. And this brings us directly back to the initial question: The The thief is the immediate owner of the stolen thingbecause he exercises the actual power over the thing. He can, for example, use the thing or move it to another place. It does not depend on the will to transfer, i.e. the thief becomes the owner, even if the previous owner does not want this. However, it is also the case that the Possession of the thief defective is. The rightful owner has a claim because of the deprivation of possession by the thief. Claim to regain his property.
In Germany, ownership is already guaranteed by the Basic Law in Art. 14 protected — everyone is allowed to acquire ownership of things themselves and the state guarantees this right.
What is the situation in the case described with regard to ownership? Does the thief also become the owner of the thing?No! While an owner has the actual power over a thing, the owner has the legal power. Owner and possessor can be identical. For example, if you buy a bag of rice in the supermarket, you acquire ownership of the thing when you pay. At the same time, you are the owner of the bag of rice, because you have the actual power over the thing. If you lend a neighbour your drill, then you remain the owner of the drill. However, the neighbour becomes the owner and can use the drilling machine to drill holes in the wall of his house as he pleases.
The The owner’s powers are defined in § 903 BGB. regulated. In demarcation from the owner, the Owner not the actual power over a thing, but the legal authority. If he is not the owner of the thing at the same time anyway, he can obtain from the owner of the thing, for example, the Published so that the owner now also acquires the actual power (possession) over the thing.
Briefly summarised
A thief is the owner of the stolen thing as soon as he exercises actual power over the object. However, possession is deemed to be defective. The original owner or the owner has a claim for restitution (possibly a claim for damages) against the thief who unlawfully (in unlawful interference) has acted. However, the thief is not the owner of the thing, since the stolen object rightfully belongs to someone else.
Do you also have questions about the expert knowledge examination according to § 34a GewO in guarding?
By the way: If you are completely Prepare comprehensively for the examination and individual questions answered competently at all times I can give you the eLearning at www.sachkun.de recommend. You can find in this Learning portal research the questions already asked and ask your own questions without limit. The questions will be answered there in a timely manner by Specialist lecturerswho are well versed in the subject matter!
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