Prosecution of innocents
Die Prosecution of innocents constitutes a criminal offense under German criminal law and refers to the intentional instigation or execution of criminal proceedings against a person whom the perpetrator knows to be innocent. The protection of individuals from wrongful actions by state authorities is a central principle in modern constitutional states, which is why the prosecution of innocents is punishable by law. This article explains the legal basis, elements of the offense, differentiation from other criminal offenses, as well as the criminal and procedural consequences.
Legal basis
Criminal Code (StGB)
The prosecution of innocents is regulated in Germany by the Criminal Code, specifically in Section 344 StGB. The legislator penalizes both the initiation and continuation of criminal proceedings against an innocent person, provided the responsible party acts knowingly and intentionally.
Scope of protection
The protected legal interest is the protection of innocents against unjustified criminal prosecution. This includes safeguarding the integrity of the affected person, protection against state arbitrariness, and confidence in a rule-of-law criminal prosecution process.
Elements of the offense: prosecution of innocents
Circle of perpetrators
Only public officials who are authorized to initiate, continue, or undertake criminal prosecution measures can be perpetrators of prosecuting innocents. This includes, in particular, police officers, prosecutors, and judges.
Objective elements of the offense
The objective elements require:
- the unlawful initiation or continuation of a criminal proceeding
- against a person whom the perpetrator knows to be innocent
- by a public official in connection with the exercise of their official duties
Criminal steps such as applying for an arrest warrant, filing charges, or ordering searches against the individual must be initiated or continued.
Subjective elements of the offense
The perpetrator must act intentionally, i.e., must know of the innocence of the person concerned and nonetheless undertake criminal prosecution measures. Mere error regarding the person’s guilt does not constitute a punishable act under Section 344 StGB.
Sentencing range and legal consequences
Penalties
The prosecution of innocents is punished with imprisonment from one year up to ten years. In less serious cases, imprisonment from six months up to five years is possible. The severe penalty underscores the particular seriousness of the offense and the necessity to strictly protect the innocent.
Procedural consequences
If unlawful prosecution of innocents comes to light, this usually affects the ongoing criminal proceedings against the concerned person. Such proceedings can be discontinued or result in an acquittal. In addition, disciplinary measures can be initiated against the responsible public official.
Distinction from similar offenses
False accusation (Section 164 StGB)
In contrast to the prosecution of innocents, in the case of false accusation any person can be the perpetrator, not necessarily a public official. In this case, knowingly filing a false report to the authorities already suffices. By contrast, prosecution of innocents under Section 344 StGB requires a criminally relevant act within the framework of an official position.
Perverting the course of justice (Section 339 StGB)
There are overlaps with perverting the course of justice, which penalizes any conscious and grave violation of the law by a public official in the context of a judicial or other sovereign decision. While Section 344 StGB focuses on the prosecution of an innocent person, Section 339 StGB concerns the general disregard for the law in public service.
Obstruction of justice (Section 258 StGB)
Die Obstruction of justice differs fundamentally, as here the aim is to prevent the punishment of a guilty person, for example by destroying evidence. In contrast, in the prosecution of innocents, the punishment of an innocent person is accepted or intentionally brought about.
Legal policy significance
The prosecution of innocents represents a particularly egregious abuse of state criminal powers. The offense serves to secure the rule-of-law principle of fair criminal proceedings, the presumption of innocence, and the state’s monopoly on the use of force. The legislature thereby emphasizes the prohibition on arbitrary use of state power against the individual.
International references and examples
In many legal systems, the deliberate prosecution of innocents is regarded as a serious violation of fundamental principles of justice. International human rights agreements, such as the European Convention on Human Rights (ECHR), contain corresponding protective mechanisms against wrongful prosecution and ensure fair proceedings.
Practical examples
Historically and today, the prosecution of innocents can have serious consequences for those affected. Examples in practice include deliberate and unjustified investigations, charges, or even convictions due to political, personal, or other irrelevant motives of the empowered public officials.
Legal remedies and compensation
Persons who have fallen victim to the prosecution of innocents are entitled to legal protection and, if applicable, compensation. This includes the possibility of criminal procedural and administrative legal remedies, such as requests for file inspection, complaints, or lawsuits against the measures and asserting claims for damages against the state.
Conclusion
The prosecution of innocents constitutes a fundamental protection mechanism in constitutional states. Its purpose is to ensure that law enforcement authorities do not abuse their power and that innocents are not subjected to criminal prosecution for personal, political, or other unlawful reasons. The comprehensive criminal regulation, strict requirements for the elements of the offense, and the severe penalties highlight the importance of this protection in the German legal system and in international contexts.
Frequently asked questions
What legal protection mechanisms exist against the criminal prosecution of innocents?
German law provides numerous protection mechanisms to prevent the criminal prosecution of innocents. Even at the investigation stage, the principle of legality applies, which only becomes active based on actual suspicion. Examination of suspicion is subject to the control of independent courts, especially through judicial measures such as arrest warrants or search orders (Sections 102 ff., 112 ff. StPO). Judicial criminal proceedings are characterized by the principle of a fair trial and the presumption of innocence, ensuring that the burden of proof lies entirely with the prosecution. Defendants have the right to counsel, may file motions to obtain evidence, and have the right to be heard. Appeals and higher instances offer additional controls, as does the possibility of reopening a case under Section 359 StPO should innocence later be established. In summary, a complex system of judicial and extrajudicial oversight bodies exists to protect innocents from unjustified prosecution.
What role do the assessment and burden of proof play in protecting innocents?
In criminal proceedings, the prosecution alone bears the burden of proof for all factual elements of the alleged offense. The principle “in dubio pro reo” (when in doubt, for the accused) applies, requiring the court to acquit if any doubt about the defendant’s guilt remains. The assessment of evidence is free (§ 261 StPO), meaning the court evaluates all evidence independently, transparently, and rationally in light of the entire trial. The decision may not be based on mere assumptions or conjecture. Apart from witness statements, expert opinions and documents also play a role. Incorrect or hasty assessment of evidence is subject to review by higher courts, for example through appeals for violations of substantive law or procedural errors.
What legal options does an accused person have to defend themselves against unjustified criminal prosecution?
Even during the investigation phase, an accused person may defend themselves against incriminating measures by inspecting the files (§ 147 StPO), submitting statements and motions, and by retaining counsel. For particular procedural measures such as searches, seizures, or pre-trial detention, there is always the possibility to seek judicial review or file a complaint (§ 304 StPO). In ongoing proceedings, the accused can actively participate in their defense: They can file motions to obtain evidence, name witnesses, and point out any procedural violations. After a conviction, appeal, revision, or, under certain conditions, retrial is possible. If the person has suffered damage due to a wrongful conviction, they are also entitled to compensation under the Act on Compensation for Criminal Prosecution Measures (StrEG).
What significance does the presumption of innocence have in criminal proceedings?
The presumption of innocence is a central principle of the rule of law and is enshrined both in the Basic Law (Art. 20 para. 3 GG) and in international agreements, such as the European Convention on Human Rights (Art. 6 para. 2 ECHR). It means that a defendant is to be regarded as innocent until proven guilty and is therefore not obliged to prove their innocence. All state authorities, especially courts and law enforcement agencies, must adhere to this principle. This includes, among other things, that no pre-judgment should be communicated externally and that press releases should remain neutral. The presumption of innocence forms the basis for procedural rights and the requirement that, in case of doubt, a decision must be made in favor of the accused.
How are false accusations handled in criminal proceedings?
False accusations pose a significant risk for the prosecution of innocents. The Criminal Code penalizes false accusations (Section 164 StGB). If, during proceedings, suspicion arises that statements were knowingly false or misleading, police, prosecutors, and the courts are obliged to investigate. Witnesses are informed about the duty to tell the truth and liable to prosecution for false testimony (Sections 153, 154 StGB). If a false accusation is uncovered, this may not only lead to the proceedings against the wrongfully accused being dropped but may also result in proceedings against the person making the false report. Furthermore, the process is deliberately complex to prevent premature convictions—especially in cases of one person’s word against another’s—through plausibility checks and assessments of the quality of testimony.
What is the significance of reopening proceedings after exonerating evidence is found?
The reopening of proceedings in favor of someone convicted by a final judgment serves as an important corrective to avoid enduring miscarriages of justice. According to Section 359 StPO, criminal proceedings can be reopened if new facts or evidence come to light that could result in an acquittal or significantly lighter sentence. Typical examples include new exculpatory witnesses or confessions by the actual perpetrator. However, stringent requirements for reopening are in place to prevent cases from being endlessly re-litigated, which in turn upholds legal certainty. If reopening is successful, the wrongfully convicted is entitled to compensation.
What legal consequences arise for public officials who participate in the prosecution of innocents?
Public officials, particularly police officers, prosecutors, and judges, are obligated by specific criminal statutes such as prosecution of innocents (Section 344 StGB) to act lawfully and impartially. Under Section 344 StGB, a public official is criminally liable if they knowingly prosecute innocent people or construct such suspicion. In addition, disciplinary consequences up to removal from the civil service threaten. Such criminal prosecution serves above all as a preventative measure and should safeguard public trust in the integrity and rule of law of the criminal justice system. Corresponding cases are typically handled by specialized prosecutorial units.
