Lellingsprüfung

Lellingsprüfung is a term originating from German that translates to "Lelling's test" or "Lelling's examination." It is primarily associated with the field of criminal law, specifically concerning the admissibility of evidence obtained through interrogation. The Lellingsprüfung sets out criteria to determine whether a confession or statement made by a suspect during police questioning is considered voluntary and therefore admissible in court.

The core principle behind Lellingsprüfung is to protect individuals from coerced confessions. It addresses situations where a suspect might be subjected to undue pressure, manipulation, or prolonged interrogation, potentially leading them to make false statements. A key aspect of this legal examination involves evaluating the circumstances under which the statement was given. This includes factors such as the duration and intensity of the interrogation, the suspect's physical and mental condition, the presence of legal counsel, and whether the suspect was informed of their rights.

In essence, Lellingsprüfung serves as a safeguard against unreliable evidence. If a court determines that a confession was obtained in violation of a suspect's rights or under circumstances that suggest coercion, it will likely exclude that evidence from the trial. This ensures that any conviction is based on voluntary and trustworthy information, upholding the principles of due process and fair trial. The specific application and interpretation of Lellingsprüfung can vary slightly depending on the jurisdiction within German-speaking countries.