Sanction scissors
Scissors of sanctions is the catchphrase in German criminal proceedings for an impermissible approach by the court in negotiations about an understanding in criminal proceedings . In order to induce him to confess, the accused is given the prospect of a penalty in the event that he makes a confession and, on the other hand, another, significantly higher penalty in the event that he does not make a confession. If the difference between the two sentences is so great that it can no longer be explained by the mitigating effect of a confession ( case decided by the Federal Court of Justice : two years with probation in the case of a confession, six years without a confession), this violates Section 257c StPO and Section 136a StPO and leads to the illegality of the agreement made in this way.
literature
- Meyer-Goßner, StPO, 55th edition, ISBN 978-3-406-633225 , § 257c marginal number 19
Individual evidence
- ↑ BGH, decision of June 9, 2004, Az. 5 StR 579/03
