Explanatory notice
The notice of clarification is a term from German criminal procedure law . In the course of the revision, the auditor raises the complaint that the judge has his obligation to fully investigate the truth according to § 244 paragraph 2 StPO ( official duty to inform ) violated because he had not made use of intrusive further evidence and therefore a potentially false evidence result had come.
features
With the complaint as a procedural complaint, the person responsible for the complaint must state the facts that should have urged the judge to clarify further. The contents of the files must be reproduced. It is not necessary to specify the exact page number of the reference, but it is helpful. An application for evidence does not have to be submitted (then the rules on rejected applications for evidence apply). However, the complaint can be raised despite an application for evidence that has been made if, based on the application for evidence, further possibilities for clarification would have arisen. In a certain way, the complaint of clarification can attack the established facts, which the revision is otherwise not allowed to do. The appellate court may, as an exception, use the entire files, as the complaint is being made that the judge had not used certain evidence despite the information in the files.
Relative reason for revision
According to Section 337 (1) of the Code of Criminal Procedure, the appeal can only be based on the fact that the contested criminal judgment is based on a violation of the law . Despite a violation of the law, there is therefore no reason for a review if a mistake has been made that obviously did not have any influence on the decision of the court . There must therefore be a causal connection between the violation of the law and the content of the judgment. For this, however, it is sufficient that the criminal judgment might have been different without the violation of the law . Sufficiency of a mere possibility is especially important for procedural complaints, i.e. also for the clarification complaint, because the influence of procedural errors on the criminal judgment can usually not be positively determined, but on the other hand can also rarely be excluded directly. For the revisibility of the procedural error , it does not matter whether the judge is to blame for it .
