Assumption of truth
Assumption of truth is a term from German procedural law . Thereafter, the court can treat a relevant assertion without taking any evidence as if the alleged fact were true.
For the criminal process , the rejection of an application for evidence due to the allegation of truth in Section 244 (3) sentence 2 is the last alternative. StPO regulated. This is the case when a substantial allegation, which is to be proven in order to excuse the defendant , can be treated as if the alleged fact were true. If the court intends in its judgment to make a statement contrary to the fact assumed to be true and exonerating the accused, it is obliged to point this out to the accused and (now) to pursue his request for evidence - unless other reasons justify his rejection.
Since the assumption of truth is only a special legal expression of the in-dubio-pro-reo principle (in case of doubt, for the accused), this is subsidiary to the judicial duty to provide information under Section 244 (2) StPO. This means that the court must first attempt to clarify the matter.
The legal concept of Section 244 (3) sentence 2 last alt. StPO is also used in civil, administrative, social and financial court proceedings.
Web links
- Detlef Burhoff: Beginner's Mistake IV - from the assumption of truth to insignificance to BGH, decision of March 27, 2012 - 3 StR 31/12 , accessed on July 10, 2018
- Dominik Waszczynski: The rejection of requests for evidence according to § 245 Abs. 2 StPO and the self-loading right of the accused ZJS 2010, pp. 318-324
