Tobias Gafus: Fehlerfolgen im Strafprozess, Kartoniert / Broschiert

Klappentext

'A Theory of Remedies in Criminal Procedure': This thesis investigates how criminal procedure should address state misconduct during prosecution and trial. It develops a comprehensive remedial framework comprising four categories: irrelevance, correction, compensation, and sanction. It reconceptualizes exclusionary rules, demonstrating they are neither a distinct category of remedies nor do they effectively serve compensatory or punitive functions. Instead, exclusion is suited only to corrective scenarios: neutralizing the effects of misconduct on the adjudicative process. To compensate the accused or sanction state actors, mechanisms such as damages, sentence reduction, or disciplinary action are more coherent. This reconceptualization offers a unified doctrine of procedural remedies, including exclusionary rules.