plea
In criminal proceedings, the plea , called the final lecture in the law , is the summarizing closing speech of the public prosecutor and defense counsel ( § 258 StPO), the secondary plaintiff ( § 397 StPO), the private plaintiff ( § 385 StPO), the legal guardian or legal representative in juvenile criminal proceedings ( Section 67 (1) JGG) as well as the person involved in the confiscation ( Section 433 (1) StPO).
Closing lectures should summarize the facts determined in the main hearing before the last word of the accused ( § 258 Abs. 2 HS 2, Abs. 3 StPO) and before the judgment and evaluate them according to legal aspects.
In (German) criminal proceedings you have to differentiate between the pleading of the prosecution and the defense.
The pleading of the prosecution (public prosecutor's office) should discuss the main outcome of the main hearing and conclude with a specific application. If the public prosecutor considers the defendant's guilt to be proven, he will also discuss the reasons for the sentencing ( Section 46 StGB). If he applies for an acquittal, he should at the same time bring about a decision by the court on possible compensation under the law on compensation for criminal prosecution measures.
The defense's plea is free from such “constraints”. The defense should deal with the content of the prosecution's plea, but does not have to end with a specific criminal complaint. Although it is quite common (e.g. in the case of acquittal) to make such an application, the application for “a mild judgment” is generally sufficient. It is also possible to apply for a penalty "not over ...". However, the court is not bound by the requests and may, at its own discretion, impose a higher or lower penalty than requested by both sides.
Basically, the pleading offers both the defense and the prosecution the opportunity to assess the main hearing according to their own perception - which may well differ from that of the court - whereby the allegations and the defense are combined for the first time. The longer the main hearing lasts, the more important the pleadings become, as these are held immediately before the defendant's closing remarks and the pronouncement of the verdict; they are closer in time to the judgment than some testimony that the court may have heard weeks ago.
literature
- Hans Dahs : Handbook of the criminal defense attorney . Publishing house Dr. Otto Schmidt , 8th, revised and expanded edition 2015. ISBN 978-3-504-16556-7
- Egon Müller: From the case law on criminal defense law . NStZ 1997, 221, 327
Web links
- Maximilian Herberger: The closing lecture jura.uni-sb.de (without year)
- Plea in the Jonny K. Trial. The public prosecutor speaks taz , August 12, 2013
- Gerhard Strate , Johannes Rauwald: The defense pleading with an opinion in the Gustl Mollath case