Ungünstige Wiederaufnahme bei neuen Beweisen?

This work deals with the possibility of reopening criminal proceedings that have already been legally concluded to the detriment of the previously acquitted person if new, incriminating evidence subsequently emerges. The focus of the work is the provision of Section 362 No. 5 of the Code of Criminal Procedure, which has been the subject of much debate in recent years with regard to its constitutionality.

After an introductory section on the right to retrial, the author deals with the constitutionality of Section 362 No. 5 of the Code of Criminal Procedure - in particular with regard to Article 103 (3) of the German Constitution - in addition to a criminal procedural classification of Section 362 No. 5 of the Code of Criminal Procedure in the system of grounds for retrial de lege lata, and comes to the conclusion that the provision violates constitutional law. The possibility of amending the constitution is then examined and a draft bill is submitted.