The defendant's last word
In the German criminal process , the defendant has the last word in the main hearing after the final speeches and before the verdict is reached . This right is anchored in the provision of Section 258 (2) StPO .
Although the accused is not obliged to take the last word, but he gets here again, according to the description given possibility of entering an opportunity to develop something to the point or to his person, to apologize or a confession store. The last word cannot be transferred to the defense attorney and can therefore only be perceived personally.
The reason for the granting of the last word is the constitutionally enshrined right to a fair hearing of Art. 103 1 para. GG , after which gave each person concerned has ample opportunity to comment on a complaint. It is a right that is equal to fundamental rights .
If the defendant is denied the last word, this represents a relative reason for revision within the meaning of Section 337 of the Code of Criminal Procedure.
Individual evidence
- ↑ Werner Beulke: Criminal Procedure Law . 11th edition. CF Müller, Heidelberg a. a. 2010, ISBN 978-3-8114-9744-3 , pp. 245 ( limited preview in Google Book Search).
- ↑ BGH, decision of February 5, 2019, 3 StR 469/18. Federal Court of Justice (BGH), accessed on September 1, 2019.
- ↑ Steffen Dietrich: If you forget to give the defendant the last word. In: Strafrechtsblogger.de. July 9, 2019, accessed September 1, 2019.
