Die personelle Reichweite von Beweisverwertungsverboten (English shop)

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Whether evidence obtained in violation of statutory provisions may be used has long been the subject of intensive debate in criminal procedure law. The Code of Criminal Procedure does not provide an exhaustive answer to the question of the circumstances under which a prohibition on the use of evidence arises. Rather, it has been the task of the courts to establish such prohibitions. The personal scope of a prohibition on the use of evidence—that is, the question of who may invoke a breach of procedural law, or for whose benefit an existing prohibition on use operates—was decided by the Federal Court of Justice in the case of § 55 of the Code of Criminal Procedure, thereby establishing the so-called “Rechtskreistheorie” (theory of the sphere of legal interests). Drawing on statute, case law and scholarly literature, this study demonstrates that the basis of a prohibition on the use of evidence is the claim to the elimination of consequences (Folgenbeseitigungsanspruch). From this, conclusions are then drawn as to the scope of such a prohibition.