Germany’s highest court overturns a reform that allowed for new trials after acquittals

Germany’s highest court on Tuesday overturned a reform to the country’s criminal code that allowed for people who have been acquitted to be put on trial again for the same crime if new evidence emerged that could secure their conviction for murder or other serious crimes.

The 2021 provision stated that proceedings already closed with a final judgement can be reopened “if new facts or evidence are produced which, independently or in connection with evidence which was previously taken, establish cogent reasons that the acquitted defendant will be convicted” of murder, genocide, crimes against humanity or a war crime against a person. The trigger for Tuesday’s ruling was a complaint by a man who was accused of raping and fatally stabbing a schoolgirl in 1981.

Germany’s highest court overturns a reform that allowed for new trials after acquittalsGermany’s highest court has overturned a reform to the country’s criminal code that allowed for people who have been acquitted to be put on trial again for the same crime if new evidence emerged that could secure their conviction for murder or other serious crimes. Read more ⮕

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