Legal circle theory
The legal theory (also: protective purpose theory or standard purpose theory ) is a jurisprudential benchmark in criminal procedure law . This theory, which is based on the case law of the Federal Supreme Court, states that a defendant can only base a revision on the grounds of a violation of procedural rules on procedural rules whose protective purpose serves his legal interests.
- Example: If a witness is not properly instructed about a right to refuse to testify according to § 53 StPO , which he is entitled to because of his capacity as a doctor of a third party, i.e. not of the defendant, and if this witness makes an incriminating testimony, the defendant cannot make procedural errors to reprimand. The refusal to give evidence in Section 53 of the Code of Criminal Procedure protects the patient, but not the accused. A lack of instruction about the right to refuse to provide information according to Section 55 of the Code of Criminal Procedure or a violation of physical examinations according to Section 81c of the Code of Criminal Procedure do not fall under the jurisdiction of the accused, as this only serves to protect third parties. In contrast, § 52 StPO: This serves, among other things, to protect family ties and therefore falls within the legal circle of the accused or accused.
However, he can be referred to these principles not only when appealing on appeal, but at every stage of the procedure. When it comes to the question of whether a ban on gathering evidence also entails a ban on the use of evidence, the question must also be asked whether the ban on gathering evidence that has been violated is intended to secure the legal circle of the accused.
Individual evidence
- ↑ BGH decision of January 21, 1958, Ref .: GSSt 4/57. Jurion. Retrieved May 11, 2016.
