Mistakes and retrial in criminal proceedings

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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.