Das Verbot paralleler Ermittlungsverfahren vor erstmaliger rechtskräftiger Sanktionierung unter dem Aspekt der Einmaligkeit der Strafverfolgung

The practical question of whether there is a ban on multiple prosecutions for the same offence to protect the accused even before the courts have made a final decision and how such a ban on parallel prosecution can be derived in German law has not yet been conclusively clarified. To this end, the burdens of criminal proceedings are used to show that criminal proceedings as a whole constitute an encroachment on fundamental rights. Ne bis in idem, the fair trial principle and the principle of proportionality are analysed in order to locate the prohibition of parallel prosecution. Finally, the relationship between parallel criminal and administrative proceedings is analysed and a separate regulatory proposal is made.

The work was honoured with the DStV Dissertation Prize 2024.