Base defense

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As a base defense in is law a common process-strategic and process-tactical actions of the defense lawyers of several accused referred.

Action

During the basic defense, the defenders exchange all information and make joint agreements on the procedural approach. In practice, a basic defense mainly takes place when the accused have the same interests, often in white-collar crime proceedings or in gang offenses. In the area of white-collar crime , it has become established that a defense attorney is commissioned by the company concerned to organize the basic defense.

The limit of the basic defense, which is always only a temporary alliance, is the individual interest of the individual accused that his criminal defense attorney achieves the best possible result for him.

The base defense is not regulated by law. The Code of Criminal Procedure prohibited in § 146 a defender, however, "at the same time more of them indeed accused" "simultaneously several different acts accused" to defend or.

literature

  • Rainer Brüssow, Norbert Gatzweiler , Wilhelm Krekeler, Volkmar Mehle (eds.), Criminal Defense in Practice , Volume 1: Fundamentals of Criminal Proceedings, 2nd edition 2000, ISBN 978-3-8240-0856-8 (esp. § 10, marginal no . 24–29)
  • RA Dr. Eckhart Müller, Die Sockelverteidigung , StV 2001, pp. 649–653
  • Detlef Burhoff, Handbook for the main criminal trial , 4th edition 2003, ISBN 3-89655-116-7