Mistakes and retrial in criminal proceedings

该项目的目的是深入了解以下方面：a)在刑事审判中可能导致错误定罪的错误，b)再审程序中的决策实践，以及c)由于再审程序的要求，某些错误是否比其他错误更难以断言的相关问题。在这些发现的基础上，将制定有助于尽可能避免错误决定的程序和法规建议，或适合于能够回顾性地发现潜在错误的建议。在所有联邦州重新开放动议的代表性样本的基础上，定量档案分析将首先检查索赔的错误类型以及引起错误或导致错误未被承认的情况。此外，将审查和调查重开动议是由谁发起的（例如，被定罪的人、律师、第三方），以及重开动议如何在附加、缓刑和新的主程序中得到解决。此外，还将对某些被拒绝的重新开放动议进行定性分析，以便审查如何提出新的错误。该联盟的合作伙伴将各自对不同类型的错误进行部分分析。此外，将根据一些被拒绝的动议，对重审权利的解释和适用进行分析，并将根据启动新的主要诉讼程序的案件，对新判决进行分析，分析所申诉的错误在新判决中所起的作用。对专家的采访补充了上述文件分析，这些专家特别关注重新开放动议的准备工作。

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.