Deal und Fehlurteil

This article describes the function of criminal proceedings. On this basis it outlines the limits of a lawful settlement of the outcome of criminal proceedings between the court, the prosecution and the accused in contrast to an illegitimate deal. This allows the notion of a judicial error to be defined in this context. Building on this it is shown that deals in particular bear certain risks for a judicial error that can be averted by strictly observing the legal provisions for settlements.