Der Einfluss Der Erfahrung Auf Die Tatrichterliche Sachverhaltsfeststellung —— Zum strafprozessualen Anscheinsbeweis

----- 经验对司法判决的影响

ISBN: 9783110260038 出版年：2011 页码：576 Kraatz, Erik De Gruyter

It may seem odd to an outsider - but clearly obvious to the seasoned practitioner - that during criminal proceedings, it is not the law that is debated, but primarily the facts of the case. The reason for this lies in the nature of court proceedings: the judge passes ruling on an event that occurred in the past, and for which he/she was not present. The judge must acquire all knowledge indirectly through the process of hearing evidence. Disputes regarding the facts of the case and erroneous judgments are inevitable. With this work, the long overdue model of a rational determination of the facts of a case should also be developed.