Merkmale eines Fehlurteils

Wrongful convictions punish accused persons who have committed no offence. Because the revision process basically only examines whether a verdict contains judicial errors and not whether it was correct or false, to correct a wrongful conviction there very often only remains the difficult way via an revision and a de novo trial. The author underlines some typical characteristics of wrongful convictions based on own experience in successful appeals which in particular involved wrongful accusations. Required are a systematic training of judges with respect to sources of error and an evaluation of errors of judgement by the Federal Ministry of Justice as a foundation for a reform of the right of appeal.