Fair trial als Grundlage der Beweiserhebung und Beweisverwertung im Strafverfahren

Each accused who has to face a criminal trial hopes that it will be ‘fair’. But how important is the right to a fair trial in German criminal law? And how can fairness be guaranteed with regard to the exclusion of evidence in trials? The author examines these and more questions and concludes that the right to a fair trial is a fundamental principle of German criminal law and that evidence has to be excluded when this right is violated. He develops a new theory to determine when this is the case and explains the consequences for the exclusion of evidence with regard to the right to silence of the witness who is in danger of self-incrimination.