Lead (right)

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An accusation in the criminal process is an interrogation tool . In this case, contrary to the reading out of documents or earlier recorded interrogation protocols, which is not permitted according to §§ 250 ff. StPO, it is considered permissible to read out their content for the purpose of proving. Under no circumstances may the content of the read-out protocol serve as a basis for assessing the evidence . Only what the person concerned expresses in relation to the suspicion can be used. This applies even if the person concerned states that what he has recorded is true. The reservation against the protocol lecture for memory support according to § 253 StPO, in which a protocol may be read out to support the memory of the person concerned.

literature

  • Putzke / Scheinfeld: Criminal Procedure Law, CH Beck , 6th edition 2015.