Der Schutz des Vertrauensverhältnisses zu Berufsgeheimnisträgern gemäß § 160a StPO

Pursuant to § 160a paragraph 1 and 2 StPO, an investigation measure directed to a person named in § 53 StPO shall be inadmissible if it is expected to produce information in respect of which such person would have the right to refuse to testify respectively be given particular consideration in the context of examining proportionality.
The dissertation contains a comprehensive analysis of this regulation implemented in 2008. Basically, the author evaluates the standard as a good legal policy approach. However, he sees a need for improvement especially concerning the protection scope of § 160a paragraph 2 StPO and suggests to include additional professions subject to professional confidentiality in the absolute protection of § 160a paragraph 1 StPO. Evntually, he makes a reform proposal.
From 2011 to 2015, the author was a research assistant at the Institute for Criminal Sciences of the Christian-Albrechts-University of Kiel at the chair of Prof. Dr. Andreas Hoyer.