Der Grundsatz des „ne bis in idem“

According to § 362 no. 5 of the Code of Criminal Procedure, which was introduced on December 30, 2021, by the Act to Obtain Substantive Justice (Gesetz zur Herstellung materieller Gerechtigkeit), criminal proceedings can be reopened against a person who has been finally acquitted if new facts or evidence emerge. This new evidence must provide compelling reasons to convict the acquitted individual of murder or of certain crimes against international law. In his academic paper, the author analyses the compatibility of this new regulation and the principle of "ne bis in idem" as well as its retroactive applicability. By providing concrete suggestions for amendments, he demonstrates how the law can be harmonized with current constitutional law.