freizusprechen

Freizusprechen is a verb form used in German to denote the act of acquitting a defendant in a criminal procedure. The term denotes a court’s decision that the accused is not guilty of the charges brought against them. In everyday legal language the standard expression is den Angeklagten freizusprechen, i.e., to acquit the defendant.

In etymology, the verb combines frei (free) with sprechen (to speak), reflecting the idea of declaring someone free from guilt. The corresponding noun is das Freisprechen or der Freispruch, which describes the outcome of the verdict rather than the act itself.

In practical use, freizusprechen appears in the context of criminal trials, where a judge or a panel determines whether the prosecution has proven the defendant’s guilt beyond a reasonable doubt. A complete acquittal (vollständiger Freispruch) ends the case for all charges against the defendant. A Teilfreispruch (partial acquittal) may occur when some charges are dismissed while others are upheld.

The reasons for a Freispruch typically include a lack of sufficient evidence, doubts about the reliability or relevance of the evidence, or legal errors affecting the interpretation of the charged acts. The verdict must be reasoned, stating why the elements of the offense were not established as required by law.

Effects follow the ruling: the defendant is not punished for the acquitted offenses, and further punishment for the same acts is generally barred by principles akin to ne bis in idem, though remedies such as Wiederaufnahmeverfahren can exist if new evidence emerges. The Freispruch marks a decisive end to the case against the defendant on the charged matters unless exceptional circumstances warrant reopening.

See also: Freispruch, Rechtsstaat, Wiederaufnahmeverfahren, Beweislast.