Introductory Act to the Code of Criminal Procedure

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Basic data
Title: Introductory Act to the Code of Criminal Procedure
Abbreviation: EGStPO, StPOEG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Administration of justice , criminal procedure law
References : 312-1
Issued on: February 1, 1877
( RGBl. P. 346)
Entry into force on: February 1, 1877
Last change by: Art. 4 G of March 27, 2020
( Federal Law Gazette I p. 569, 572 )
Effective date of the
last change:
March 27, 2021
(Art. 6 G of March 27, 2020)
GESTA : C136
Please note the note on the applicable legal version.

The German Introductory Act to the Code of Criminal Procedure (abbreviation: EGStPO , also: StPOEG ) was enacted on February 1, 1877.

Regulatory content

The Code of Criminal Procedure (StPO) in its original version of February 1, 1877 was one of the Reich Justice Acts , with which the law was standardized in the German Empire , which was newly founded in 1871 . The Introductory Act to the Code of Criminal Procedure of February 1, 1877 contained transitional provisions for the then strongly differing state law in the German Confederation .

It currently contains transitional provisions for changes made to the Code of Criminal Procedure in the recent past for application to proceedings that were already ongoing at the time of the change.

Section 10 EGStPO in the version of Art. 3 of the Act to Mitigate the Consequences of the COVID-19 Pandemic in Civil, Insolvency and Criminal Procedure Law determines that regardless of the duration of the main hearing, the course of the proceedings listed in Section 229 Paragraphs 1 and 2 StPO mentioned interruption periods are suspended as long as the main hearing cannot be carried out due to protective measures to prevent the spread of infections with the SARS-CoV-2 virus ( COVID-19 pandemic in Germany ), but for a maximum of two months; these deadlines end at the earliest ten days after the suspension has expired and apply accordingly to the deadline for pronouncing the judgment specified in Section 268 (3) sentence 2 StPO . The court determines the beginning and end of the suspension by means of an incontestable decision . Section 10 EGStPO applies for one year from March 28, 2020 to March 27, 2021.

Web links

Individual evidence

  1. Annelie Kaufmann: Criminal proceedings due to Corona interrupted for up to three months Legal Tribune Online , March 18, 2020.
  2. Questions and Answers: Interruption of main negotiations in criminal proceedings during the Corona crisis Federal Ministry of Justice and Consumer Protection , March 23, 2020.
  3. ^ Draft of a law to mitigate the consequences of the COVID-19 pandemic in civil, insolvency and criminal procedure law BT-Drs. 19/18110 of March 24, 2020, p. 5.