Beweisverwertungsverbote

A Beweisverwertungsverbote is a legal prohibition that renders certain evidence inadmissible in court proceedings. The practice is rooted in German criminal procedure law and is designed to protect the rights of suspects and defendants, particularly in cases involving sensitive or potentially invasive investigative methods. The core idea is that evidence collected through means that violate the constitutional protection of privacy, dignity, or bodily integrity may be excluded if it would otherwise unfairly prejudice the accused.

Under § 136 StPO, a person may request a Beweisverwertungsverbote for evidence that was obtained, for instance, by means of wiretapping, car conversions, or disk encrypting activities that bypass lawful procedures. The court must assess whether the methods used to acquire the evidence were proportionate and conducted in accordance with the law. If the court concludes that the evidence was obtained in violation of constitutional rights, it can grant the ban, effectively preventing the evidence from being used, though it may allow the original data to be examined for other legal purposes.

In practice, Beweisverwertungsverbote occur in cases involving child sexual abuse investigations, where prosecutors may attempt to use illegally obtained audio or video recordings to exonerate a suspect or to secure an indictment. German courts have repeatedly ruled that such evidence can be excluded to protect defendants against self-incrimination and to uphold procedural fairness. The ban can be lifted if the accused consents or if the circumstances change, but it remains a powerful tool for safeguarding the integrity of criminal proceedings.

The doctrine reflects a broader European commitment to evidence admissibility rules that balance public interest against individual rights. This system aligns with the European Convention on Human Rights, particularly Article 6, which guarantees the right to a fair trial and the presumption of innocence. The Beweisverwertungsverbote thus serves as a legal safeguard, ensuring that evidence collected through irregular means does not undermine the fundamental principles of the German justice system.