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<p>The scientific discussion of wrongful convictions in Germany has significantly increased in recent years. One reason for wrongful convictions that has been identified several times is the expert opinion, either because it was carried out incorrectly or because the need to obtain an expert opinion was not recognized. The prevalence, possible consequences and reasons for wrongful convictions are cursorily presented and three constellations are introduced in which missing expert opinions or expert reports that were carried out in an incorrect way may have contributed to wrongful convictions. The case constellations concern the criminal responsibility of the accused, the credibility of victim witnesses in the case of false accusations and the credibility of the accused’s statements in the case of false confessions.</p>

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Fehlurteile in Deutschland: Konsequenzen für Begutachtung und Urteilsfindung

  • 期刊论文

  • 出版模式：

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  • 发表日期：

    2025年4月9日

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  • Martin Rettenberger,
  • Fredericke Leuschner

摘要

The scientific discussion of wrongful convictions in Germany has significantly increased in recent years. One reason for wrongful convictions that has been identified several times is the expert opinion, either because it was carried out incorrectly or because the need to obtain an expert opinion was not recognized. The prevalence, possible consequences and reasons for wrongful convictions are cursorily presented and three constellations are introduced in which missing expert opinions or expert reports that were carried out in an incorrect way may have contributed to wrongful convictions. The case constellations concern the criminal responsibility of the accused, the credibility of victim witnesses in the case of false accusations and the credibility of the accused’s statements in the case of false confessions.