Unselbstständige Beweisverwertungsverbote als Ausprägung waffengleicher Verfahrensteilhabe im Strafprozess

The paper questions the postulate of case law according to which the prohibition to use evidence constitutes an exception to the obligation to investigate the truth that requires justification and reconstructs the prohibition of use from the principle of equality of arms. For this purpose, a right to equality of arms is postulated, which can also be realised in inquisitory proceedings. The right to the exclusion of evidence is concretised by the use of hypotheses. Instead of being weighed up, the question of usability is thus reduced to concrete chances of discovery, which avoids both an overcompensation of procedural errors and an automatic link between a violation of the law and a prohibition of use of evidence.