Anticipation of evidence
Anticipation of evidence is the legal technical term for the so-called anticipated evaluation of evidence . This means that the judge already assesses in advance whether the evidence that has yet to be collected can probably support the statements supported by this.
Anticipation of evidence is fundamentally inadmissible, both in civil proceedings and in criminal proceedings. It is therefore inadmissible to reject a request for evidence to be questioned by a witness on the grounds that the witness will probably not be able to remember the facts that have been proven or that the witness should already be classified as implausible.
The ban on the evidence anticipation refers to evidence and factual issues, which is why the court should not assume a priori that evidence would not confirm the assertion proof or promise any success or the opposite is already proven. In the context of the duty to provide information or in the case of requests for evidence, it can therefore only be considered under the strict requirements of Section 244 (3) ff. StPO .
As an exception, anticipation of evidence may also be permitted in the context of legal aid proceedings , but this is subject to narrow constitutional limits. Legal aid may only be denied in the event of requests for evidence if there are concrete and comprehensible indications that the taking of evidence about the facts in dispute would most likely be detrimental to the complainant.
Individual evidence
- ^ Criminal procedure law: Rejection of requests for evidence - Strafakte.de
- ↑ BGH StV 86, 418.
- ↑ Kleinknecht / Meyer-Goßner : Code of Criminal Procedure , Book Two, Procedure in First Instance, Main Trial, Preliminary Remarks, in: Code of Criminal Procedure , Beck, Munich 1995, § 244 No. 46 (p. 760).
- ↑ BGH 29, 149 ff. (151).
- ↑ BVerfG, decision of May 7, 1997, AZ 1 BvR 296/94
