Epitome complaint
The overall complaint is a term from the German law of criminal procedural revision . It is a procedural complaint with which it is asserted that, contrary to § 261 StPO , the judge did not gain his conviction from the epitome of the main hearing . The same applies to the legal complaint in the law of administrative offenses ( § 46 OWiG).
The overall complaint can be raised if a document is reproduced verbatim in the written reasons for the judgment, but it has not been read out or otherwise made the subject of the main hearing in a permissible manner and this circumstance can be proven using the means of revision law, i.e. it results, for example, from the minutes of the main hearing . The same applies to the verbatim reproduction of unread transcripts of the interrogation of a witness.
The overall complaint is a relative reason for a revision , for which the relevant facts must be presented in the reason for the revision ( Section 344 (2) StPO).
If, in response to the overall complaint with the judgment in accordance with Section 353 (2) StPO, the findings on which the judgment is based are also revoked, a new factual determination is required in the second legal process. The court may not content itself with reading out the findings made in the overturned judgment on the matter. Otherwise a new comprehensive complaint is permissible.
Individual evidence
- ↑ cf. BGH, judgment of March 9, 2017 - 3 StR 424/16 marginal no. 2
- ↑ Alexander Gratz: KG on the main complaint: No introduction in any other way, if the alleged reading results for reasons of judgment May 10, 2019.
- ↑ OLG Hamm, decision of November 24, 2009 - 3 Ss OWi 882/09
- ↑ Carsten Krumm: StPO-intensive: Complaint in the documentary evidence September 30, 2012.
- ↑ BGH, decision of March 2, 2017 - 4 StR 406/16 marginal no. 3.
- ↑ OLG Bamberg, decision of May 29, 2018 - 3 OLG 130 Ss 39/18.
- ↑ BGH, decision of August 22, 2018 - 3 StR 128/18 para. 12.
