Mistakes and retrial in criminal proceedings

该项目的目的是深入了解以下方面：a)可能导致刑事审判中错误定罪的错误；b)再审程序中的决策做法；以及c)某些错误是否因再审程序的要求而比其他错误更难认定的相关问题。在这些调查结果的基础上，将制定有助于尽可能避免错误决定的程序和条例建议，或适合于能够追溯发现潜在错误的建议。基于所有联邦州重新审理的具有代表性的动议样本，量化文件分析将首先检查声称存在哪些错误，以及哪些情况会引发错误或导致错误不被识别。此外，将审查程序，并调查重新开庭动议是由谁提出的(例如，被定罪人、律师、第三方)，以及重新开庭动议是如何在认罪、缓刑和新的主要程序中得到解决的。此外，还将对选定的被驳回的重新开放动议进行定性分析，以审查新的错误是如何提出的。联合体中的合作伙伴将各自承担关于不同类别错误的部分分析。此外，将在选定的被驳回动议的基础上对重审权的解释和适用进行分析，并将在启动新的主要程序的案件基础上对新判决进行分析，分析所投诉的错误在新判决中所起的作用。对上述档案分析的补充是对专家的访谈，这些专家特别侧重于重新开放动议的准备阶段。

The aim of the project is to gain insights into the following aspects: a) errors that can lead to a wrongful conviction in a criminal trial, b) decision-making practice in retrial proceedings and c) the related question of whether certain errors are more difficult to assert than others due to the requirements of the retrial proceedings. On the basis of these findings, proposals for procedures and regulations are to be developed which contribute to avoiding erroneous decisions as far as possible, or which are suitable for being able to uncover potential errors retrospectively. On the basis of a representative sample of motions to reopen from all federal states, a quantitative file analysis will first examine what kind of errors are claimed and what circumstances evoke errors or lead to errors not being recognised. Furthermore, the procedure will be examined and it will be investigated by whom the motions for reopening were initiated (e.g. convicted persons, lawyers, third parties) and how the motions for reopening were settled in the adition, probation and new main proceedings. In addition, selected rejected motions for reopening will also be analysed qualitatively in order to examine how new errors are brought forward. The partners in the consortium will each take on a part of the analysis with regard to different categories of errors. In addition, an analysis of the interpretation and application of the right to a retrial will be carried out on the basis of a selection of rejected motions, and an analysis of the new judgements will be carried out on the basis of cases in which new main proceedings were initiated, with regard to the role that the errors complained of played in the new judgements. The file analyses mentioned above are supplemented by interviews with experts who focus in particular on the run-up to the motions for reopening.