Die Verwertung im Ausland gewonnener Beweismittel im deutschen Strafverfahren

A War on Terror?

“…44 The main problem is in regard to the standards that should be applied in such a case in order to introduce the evidence into a German criminal proceeding. The courts have clarified that, for the collection of the evidence, the standards of the country in which the interrogation or the coercive measures take place are relevant (BGH NStZ 1994, 595;BGH NStZ 1992, 394; see also Böse 2002;Schuster 2006: 84). Hence German courts will examine in a case if the foreign standards have been observed while the evidence was collected (BGH NStZ 1992, 394;BGH NStZ 1983, 181).…”

“…The final question of admissibility is answered according to German law (BGH NStZ 1996, 609;Böse 2002). Therefore the illegal collection of evidence does not necessarily mean that the evidence is not allowed in court.…”