Protocol complaint
A protocol complaint is an inadmissible alleged procedural complaint by the auditor with which an auditor complains about deficiencies in the minutes of the main hearing .
Although the protocol has positive and negative evidential value ( Section 274 of the Code of Criminal Procedure), a judgment is not based on an incorrect protocol. The decisive factor is rather whether the infringement complained about actually took place. As a justification, the Federal Court of Justice not only stated in its decision of February 1, 1955 that the judgment could never be based on incorrect logging, but only on a procedural error, but justified this case law with the fact that it was not formalistic, but wanted “On the contrary, counteracting the misuse of purely formal possibilities”, which “would sometimes result from the exclusive evidential value of the minutes of the main hearing according to § 274 StPO”.
See also
- Decision of the Federal Court of Justice on complaint shredding
