Current:Home > BackGermany’s highest court overturns a reform that allowed for new trials after acquittals-LoTradeCoin
Germany’s highest court overturns a reform that allowed for new trials after acquittals
View Date:2024-12-23 20:09:51
BERLIN (AP) — Germany’s highest court on Tuesday overturned a reform to the country’s criminal code that allowed for people who have been acquitted to be put on trial again for the same crime if new evidence emerged that could secure their conviction for murder or other serious crimes.
The Federal Constitutional Court declared the change, which took effect in December 2021, null and void after considering a challenge by a man who was acquitted of raping and killing a 17-year-old girl in the 1980s and faced new proceedings after an examination of DNA traces.
It found that the provision violated both a constitutional clause that precludes anyone being “punished for the same crime more than once” and a ban on applying the law retroactively.
The 2021 provision stated that proceedings already closed with a final judgement can be reopened “if new facts or evidence are produced which, independently or in connection with evidence which was previously taken, establish cogent reasons that the acquitted defendant will be convicted” of murder, genocide, crimes against humanity or a war crime against a person.
The trigger for Tuesday’s ruling was a complaint by a man who was accused of raping and fatally stabbing a schoolgirl in 1981. He was initially convicted of murder and rape and sentenced to life in prison, but appealed and was acquitted at a retrial for lack of evidence.
He was arrested on the basis of the new legal provision last year following a 2012 examination of DNA evidence, but released after the constitutional court issued an injunction. The court ruled Tuesday that the new case against him must be stopped.
The presiding judge, Doris Koenig, said the court was aware that its ruling would be “painful and certainly not easy to accept” for the family of the murdered girl.
But she said the right not to be tried again for the same crime by a German court after proceedings are concluded is “absolute” under the constitution. That, she added, leaves legislators “no room for maneuver even if it turns out in retrospect that the verdict was incorrect.”
veryGood! (17236)
Related
- World War II veteran reflects on life as he turns 100
- With Victor Wembanyama's debut comes the dawn of a different kind of NBA big man
- Police in Illinois fatally shoot sledgehammer-wielding man after reported domestic assault
- After backlash, Scholastic says it will stop separating diverse books at school book fairs
- Queen Bey and Yale: The Ivy League university is set to offer a course on Beyoncé and her legacy
- Michigan State investigation finds Mel Tucker sexually harassed rape survivor
- Genius Bar who? Skip the Apple Store line with new rules that make fixing iPhones easier
- Australian police charge 7 with laundering hundreds of millions for Chinese crime syndicate
- NFL Week 11 picks straight up and against spread: Will Bills hand Chiefs first loss of season?
- South Africa begins an inquiry into a building fire that killed 76 people in Johannesburg in August
Ranking
- Elon Musk responds after Chloe Fineman alleges he made her 'burst into tears' on 'SNL'
- DeSantis is sending some weapons to Israel in move that could bolster him in the GOP primary
- Stock market today: World shares slide after Wall St rout driven by high yields, mixed earnings
- A match made in fandom: Travis, Taylor and the weirdness of celebrity relationships
- Trump ally Steve Bannon blasts ‘lawfare’ as he faces New York trial after federal prison stint
- Apple's iOS 17.1 update includes new features for AirDrop, StandBy and Apple Music
- Nigeria’s Supreme Court refuses to void president’s election and dismisses opposition challenges
- Women and nonbinary Icelanders go on a 24-hour strike to protest the gender pay gap
Recommendation
-
Jessica Simpson’s Sister Ashlee Simpson Addresses Eric Johnson Breakup Speculation
-
Is it true or not? Israeli group FakeReporter fact checks while seeking shelter
-
Enrique Iglesias Shares Rare Insight on Family Life With Anna Kournikova and Their 3 Kids
-
Dozens sickened across 22 states in salmonella outbreak linked to bagged, precut onions
-
Relive Pregnant Megan Fox and Machine Gun Kelly's Achingly Beautiful Romance
-
Sam Bankman-Fried will testify in his defense in what may be the gamble of his life
-
The World Bank approved a $1B loan to help blackout-hit South Africa’s energy sector
-
American man indicted on murder charges over an attack on 2 US tourists near a German castle