Suspicion
Suspicion has been used in German since the 16th century to mean "think something bad about someone". Even in Middle Low German , however, the predacht in the meaning of suspicion existed . The derived adjective suspicious is already used in Middle High German in an older spelling and the meaning of considered, forethought . In its present-day, passive, meaning of suspected, it has only been in use since the 17th century. The verb suspect also comes from the 17th century for suspecting someone . A noun formation is suspicion .
General suspicion is a "suspicion that is generally harbored even without concrete evidence".
Jurisprudence
In particular, suspicion is a term used in criminal procedural law . Here the presumption of innocence applies ; Whether the accused is the perpetrator is only decided by the court after a final judgment. Therefore only a suspicion is possible beforehand. The suspicion of an offense , as opposed to a statistical probability only, is the prerequisite for the law enforcement authorities to intervene in the fundamental rights of the citizen. According to the intensity of the intervention, different levels or degrees of suspicion are differentiated in order to comply with the prohibition of excess .
- In the case of initial suspicion , the law enforcement authorities have the right (and the duty: the principle of legality ) to initiate investigative proceedings . Reasons for evidence or indications ( clues ) that someone has committed a crime are sufficient . The preliminary investigation should finally show more details.
- On the other hand, the public prosecutor's office is only competent to bring charges ( public charges ) if there is sufficient suspicion and if a later conviction is likely based on a preliminary assessment of the evidence situation.
- In the case of the drastic measure of pre-trial detention ( Section 112 StPO ), on the other hand, urgent suspicion is necessary: the high probability that the accused has committed a criminal offense. The be burdensome moments must ent outweigh load moments.
- Because there is no such thing as absolute certainty, the full subjective conviction of the court, which is necessary to convict the perpetrator, is ultimately only a (albeit very high) level of suspicion.
It is entirely possible that a suspect will be released from pre-trial detention due to a lack of urgent suspicion, although there is sufficient suspicion (for the prosecution).
As a prerequisite for interference in repressive criminal proceedings, suspicion has the same legal significance as the danger in preventive police law . In both cases the citizen is to be protected from having to tolerate encroachments on fundamental rights only on the basis of theoretical possibilities.
See also
literature
- Nicola Kammann: The initial suspicion . Kovac, Hamburg 2003.
- Matthias Klatt : On the legal theory of suspicion. In: Legal Theory. Journal for logic and legal methodology, legal informatics, communication research, norms and action theory, sociology and philosophy of law. Volume 37, 2006, pp. 388-392.
- Lorenz Schulz: Standardized distrust. The suspicion in criminal proceedings. Klostermann, Frankfurt 2001.
- Georg Steinberg : Suspicion as a quantifiable forecast? In: Juristen-Zeitung (JZ). Volume 61, No. 21, 2006, pp. 1045-1049.
Web links
Individual evidence
- ^ Etymologie after Duden "Etymologie" - dictionary of origin of the German language. 2nd Edition. Dudenverlag, 1989, p. ??.
- ↑ duden.de. An example is given: "All artists were under the general suspicion of immorality".
- ↑ An example: Josef Joffe : Rape allegation: DSK and Effi Briest. In: Zeit Online . July 7, 2011, accessed October 19, 2014.
