Remedy Effectively Waived
am 09.12.2007 von http://www.recht.us/amlawCK - Washington. A criminal defendant can effectively waive all rights to an appeal and is then barred from a review by the Supreme Court in Karlsruhe, that court decided in the matter 2 StR 533/07 on December 6, 2007 in applying §349(I) StPO of the German rules of criminal procedure. In a rape case, the court advised the convicted defendant of the available remedies, handed out a written form with explanations--not available via Google--, and explained the general and special rules …
Violation of Consular Rights
German American Law Journal :: American Edition / CK - Washington. The ICJ LeGrand decision against the United States provided the German Supreme Court, Bundesgerichtshof, with an opportunity to explore the remedies available to compensate for evidence obtained from foreigners before they re…
Jail for DA and Lawyer
German American Law Journal :: American Edition / CK - Washington. Recently, a Mannheim DA and a Munich attorney have been sentenced to jail for bizarre conduct. The DA received a suspended sentence of eight months for passively neglecting and actively suppressing the prosecution of a crimin…
Adversarial Hearing
German American Law Journal :: American Edition / CK - Washington. The Federal Supreme Court in Karlsruhe applied the rules of the Human Rights Convention to German criminal procedure in lifting a criminal conviction based on a non-adversarial interrogation of a witness. In an investigative …
Jail for Incest Deferred
German American Law Journal :: American Edition / CK - Washington. The federal constitutional court in Karlsruhe is to rule on the issue of the criminal prohibition of incest and its compatibility with the constitution. In a preliminary decision of March 1, 2007, the court decided against gra…
Pleading Jurisdictional Defects
German American Law Journal :: American Edition / CK - Washington. In a victory for foreign plaintiffs, the eighth civil division of the Federal Supreme Court, Bundesgerichtshof, in Karlsruhe decided on June 1, 2005 that a motion to dismiss for lack of local jurisdiction should be construed t…
Plea Agreement Deal
German American Law Journal :: American Edition / HG - Washington. On May 19, 2006, Berlin Attorney Brigitte Zypries issued a press release on a bill to allow plea agreements in the German criminal procedure. The Supreme Court, Bundesgerichtshof, had defined the parameters of such agreeme…
Accelerating Criminal Process
German American Law Journal :: American Edition / CK - Washington. Prosecution and courts must do their utmost to accelerate criminal cases when the accused, whom the law, after all, deems innocent, waits in jail. The acceleration principle covers the entire case, from the indictment through…
Federal Malware Ruling
German American Law Journal :: American Edition / CK - Washington. The federal malware ruling that makes the press today is published at the German Supreme Court web site for the matter StB 18/06, together with its press release 17/2007, both in German. In essence, the court ruled that secret…
Plants Due Diligence
German American Law Journal :: American Edition / CB - Washington. On February 14, 2006, the Supreme Court in Karlsruhe, Bundesgerichtshof, decided a conflict relating to the plant protection statute, Sortenschutzgesetz, of December 11, 1985, BGBl. I, p.2170, as amended on January 21, 200…
New Batch of Supreme Judges
German American Law Journal :: American Edition / CK - Washington. Today, the federal election committee for the judiciary, Bundeswahlausschuss, elected several batches of justices for the various supreme courts. It chose six justices for the Bundesgerichtshof which is the supreme court for civil…
IP Address Insufficient for Conviction
German American Law Journal :: American Edition / RM - Washington. A criminal investigation in Germany produced the IP address of a computer from which a defamation allegedly originated. On August 7, 2007, the Bochum criminal court agreed with the defense that the standard of proof in cr…
Transatlantic Testament
German American Law Journal :: American Edition / CK - Washington. Recht-in.de published a recent decision, IV ZR 135/03, dated July 7, 2004, by the German Supreme Court on the validity of a holographic will made by a German testator with respect to real estate in Florida. The last will does…
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