Definition and significance of the alibi
Das Alibi is a central concept in criminal law and refers to an exculpatory circumstance in which the accused or defendant can prove that they were in another location at the time of the alleged offense. The existence of an alibi is thus suitable to exclude involvement in the crime, and therefore, principal or accessory liability for a criminal offense. Particularly in the context of criminal investigations, prosecutorial proceedings, and court trials, the alibi plays a decisive role in the presentation of evidence.
Function and purpose of the alibi
The primary role of the alibi in criminal proceedings is to exonerate. It enables the suspect to challenge or even fully refute the accusation of committing a crime. The prerequisite is proof that the accused could not possibly have been present at the crime scene at the time of the offense. If the credibility and plausibility of an alibi are confirmed, this generally has an immediate impact on further prosecution and can lead to the discontinuation of proceedings or acquittal.
Legal classification and assessment of evidence
Alibi as evidence
The alibi is not a stand-alone means of evidence but rather a statement of fact whose truthfulness is determined during the taking of evidence. Various forms of evidence can be used to verify an alibi, including eyewitnesses, documents (e.g., tickets, receipts), video recordings, electronic data, and expert opinions.
Burden of proof and presentation of evidence
In criminal proceedings, the principle in dubio pro reo (“When in doubt, for the accused”) applies. The accused is not obligated to prove an alibi but may present this exculpatory circumstance and file evidentiary motions. If, after the presentation of evidence, serious doubt remains as to the presence of the accused at the crime scene, the decision must necessarily be made in favor of the defendant.
Requirements for a credible alibi
A strong alibi must be consistent and plausible. It is examined whether the information matches with other circumstances of the case, in particular the time of the crime, the route traveled, and possible time delays. Inconsistencies or implausible statements may cast doubt on credibility and weaken the alibi.
Alibi in investigation and main proceedings
Significance in the investigation phase
Even during the investigation phase, the submission or discovery of an alibi can have a significant impact on the course of police and prosecutorial investigations. If the alibi is credible, this can lead to the dropping of suspicion and to measures such as the lifting of provisional arrest or pretrial detention.
Assessment in the main court proceedings
In the main court proceedings, the alibi, like any other fact, is subject to the court’s free assessment of evidence (§ 261 StPO). If, after taking evidence, serious doubts remain regarding the defendant’s presence at the crime scene, these must be evaluated in favor of the defendant.
Refutation and false statements
Deliberately presenting a false alibi can result in criminal liability for false accusation (§ 164 StGB), unlawful detention (§ 239 StGB), or giving false testimony without oath (§ 153 StGB)—both for the accused and for any witnesses confirming such an alibi.
Special forms and distinctions
Difference from other exculpatory grounds
The alibi must be distinguished from other procedural grounds for exoneration, such as necessity, self-defense, or justification. While an alibi materially rules out the commission of the crime (the accused could not objectively have committed the offense), the other grounds presuppose that the act was committed but may be justified or excused.
False and fabricated alibi
A “fabricated” alibi exists when knowingly false circumstances are presented for one’s own benefit. Deliberately misleading the investigative authorities or the court entails criminal consequences, especially if this results in the prosecution of the innocent or the obstruction of criminal prosecution.
Alibi in international criminal law
The alibi is significant not only in domestic criminal law, but also in the international context. International criminal courts and tribunals also allow for exoneration by way of an alibi. The fundamental requirements for substantiation and proof of an alibi largely correspond to those in national proceedings.
Practical relevance and significance in criminal proceedings
The alibi is one of the most effective means of defense in criminal law and can have a decisive impact on pretrial detention, indictment, or the dismissal of proceedings. Due to its central importance, the alibi is of great significance to all parties to the proceedings and often stands at the center of police and judicial investigations.
Summary: The alibi describes the verifiable presence of a suspect at a different location during the relevant time of the crime. It is a crucial exculpatory factor in criminal proceedings which, if credibly substantiated, can preclude prosecution against a person. The review of the alibi rests with the investigative authorities as well as the courts, based on a detailed assessment of the evidence. An abusively asserted or fabricated alibi can lead to further criminal consequences. Thus, the alibi is a core element of criminal procedure and fundamental to the rule-of-law principle of the presumption of innocence.
Frequently asked questions
Which types of evidence are admissible in court to substantiate an alibi?
An alibi in criminal proceedings can be supported by various types of evidence. These typically include witness statements from individuals able to confirm the accused was at a different location at the time of the offense. Aside from testimony, documents play an important role, such as tickets, receipts, hotel invoices, payment slips, or work records. Photographs, video footage, and digital data—such as mobile phone location data or computer login records—may also be used as indicators. What’s decisive is that the court examines the credibility and relevance of each piece of evidence. Ultimately, the assessment of evidence is at the court’s discretion, which reviews all circumstances and documentation to evaluate whether an alibi is indeed suitable to counter suspicion.
How does an alibi relate to the presumption of innocence in criminal proceedings?
The presumption of innocence means that any accused person is to be regarded as innocent until proven guilty by final judgment. In this context, an alibi is a specific means of defense that can raise or reinforce doubts about the commission of a crime. While the burden of proof generally lies with the prosecution, the accused is at liberty to present an alibi. However, it is expected that they actively cooperate and provide evidence where possible and reasonable. If the accused is able to present the alibi in a substantiated and credible manner, this can be a determining factor for acquittal or at least influence the evaluation of evidence in favor of the accused.
What happens if an alibi is proven to be false?
A disproven or demonstrably false alibi can have serious consequences for the accused. On the one hand, this undermines credibility and may be regarded by the court as an indication of guilt. On the other hand, if the deception is intentional—such as the presentation of forged evidence or deliberate misleading through false testimony—there is a risk of further criminal prosecution for obstruction of justice (§ 258 StGB), false testimony (§ 153 ff. StGB), or forgery (§ 267 StGB). The defendant’s credibility can therefore be severely undermined, affecting the further course of the trial and the verdict.
How is the credibility of an alibi witness assessed?
The credibility of an alibi witness is carefully examined by the court and investigating authorities in a multi-step process. In particular, possible personal relationships to the accused, consistency of statements, congruence with other evidence, and the objective
