Stressfulness

from Wikipedia, the free encyclopedia

Envy is a term from procedural law that relates to the assessment of the personal credibility of witnesses in the context of the evaluation of evidence .

meaning

Zest for stress is evident For example, if a witness acts emotionally during his testimony or, for example, presents defamatory facts that cast the accused in a bad light, but do not contribute to the actual allegation and are therefore not relevant. Zeal for burden reduces the evidential value of a testimony, so that, for example, in the case of contradicting statements from various witnesses ( testimony against testimony ), the court can use eagerness to burden as a feature of which witness is to be believed and which version is therefore to be used as a basis for the judgment.

Obvious exaggerations by witnesses or injured parties are untrue statements, which as such must not be used as a basis for a judgment anyway. However, they can also be evidence of eagerness to cope with the burden and thus reduce the value of the statement, which cannot obviously be classified as untrue. If there are indications of a psychiatric illness of the witness, a testimonial psychological report can be arranged to check the veracity of the statement.

The courts take into account the eagerness to cope with the decision-making when assessing evidence. A statement marked by eagerness to cope makes it difficult for the court to establish the facts and cannot be used as a basis for the judgment. If necessary, the judgment can be contested due to an incorrect assessment of evidence with an appeal or an appeal .

For the penalty of driven by stress zeal testimony as evidence of crime or procedural fraud must be not only a deliberately untruthful testimony act, but the perpetrator must also with regard to all the other constituent elements such as admission of any loss ( § 263 of the Criminal Code) at least conditionally act intentionally.

The Worms trials are a prominent example of the consequences of excessive stress in a criminal trial . Gustl Mollath's wife , on the other hand, was not accused of any particular zeal by the judiciary.

See also

Web link

Individual evidence

  1. ↑ OLG Munich judgment of July 4, 2012, Az. 3 U 470/12 margin no. 48 ff.
  2. ↑ Federal Administrative Court, decision of January 13, 2009, Az. 2 WD 5.08 Rz. 21 ff.