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Murder trials can be resumed more easily

2021-09-17T13:07:03.526Z

Once acquitted, there is basically no need to fear a new trial. The Federal Council has now decided on a controversial new exception.



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Federal Council meeting: "Unbearable situation for the relatives of the victims"

Photo: imago images / Political-Moments

The Federal Council approved on Friday that criminal proceedings for the most serious crimes can be resumed more easily.

Basically, someone who has been acquitted cannot be brought before a criminal court again.

In addition to the few exceptions, there should now be another: if evidence becomes available retrospectively that is highly likely to lead to a conviction.

“DNA analysis has made tremendous progress.

Today, even a flake of skin found at the scene of the crime can help to solve a murder decades later, "said Bavaria's Justice Minister Georg Eisenreich (CSU).

»In the event of a murder, holding on to an acquittal can lead to an unbearable situation for the relatives of the victims and violate the sense of justice of many people.

This change in the law will make more justice possible. "

So far, a suspect could only be tried a second time after an acquittal in a few exceptional cases.

Bavaria had therefore campaigned for a reform of the Code of Criminal Procedure (StPO): murderers who got away should not feel safe from punishment.

On a Bavarian initiative, the Justice Ministers' Conference last autumn also spoke out in favor of the plan anchored in the coalition agreement of the federal government to amend the provisions of the Code of Criminal Procedure for the reopening of proceedings against an acquitted defendant.

A resumption of the most serious crimes should be permitted if new forensic technology can still provide evidence of the crime.

The Bundestag had already passed the "Law to Restore Material Justice" in June.

You can find background information on the law in this article.

kha

Source: spiegel

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