Rechtsbehelfe bei Verständigungen

This thesis deals with the system of appeals after a negotiated agreement (a so-called ‘Verständigung’) in criminal proceedings and the possibility of a judicial review. First of all, the work introduces the basic provisions of the applicable law. Building on this, it then evaluates the audit law in the context of negotiated agreements. Taking into account current revisions and constitutional jurisprudence, the study comes to the conclusion that the system of appeals (de lege lata) is only able to curb an illegal practice to a limited extent. In addition, it examines the possibility of reopening criminal proceedings based on the reasons for such a resumption laid down in paragraphs 359 No. 3 and 362 No. 3 of the German Code of Criminal Procedure. Finally, this work takes an in-depth look at fundamental questions concerning judicial review and, building on legal findings, develops concrete proposals that are addressed to legislators.