Evidence

As a demonstration of refers to a process element of the jurisdiction of the late Middle Ages .

The evidence represents a "more modern" method of finding responsibility than the so-called cleaning oath that was customary in the medieval procedural order up to that point . Above all, the introduction of evidence goes back to the so-called Constitutio Criminalis Carolina by Emperor Charles V from 1532 , which is the first general German penal code .

When it comes to evidence, the main aim of the court is to convict the accused through the testimony of two credible witnesses , which is called "evidence" . Nevertheless, a confession by the accused, the so-called " original gout " , was always preferred.

It became problematic when there was neither a confession nor evidence could take place, but there was still an urgent suspicion. Since the accused could not be convicted without a confession, the confession was ultimately forced. This was done through what is known as an embarrassing questioning : torture .