According to section 136a StPO, suspects must not be physically and psychologically mistreated and interrogations have to stop when suspects are fatigued.
Section 100c StPO, the law that regulates wiretapping, provides guidelines as to when an intrusion into the private sphere of an individual is legitimate, but it also states that any intrusion (e.
For some cases section 338 StPO enumerates a list of errors that automatically lead to a new trial.
In Germany, for instance, section 362 StPO allows for a reopening (and a bypass of the otherwise strong prohibition against double jeopardy) if an acquittal was based on a forged document or perjured witness.
48) When I refer to the German Code of Criminal Procedure I will use the abbreviation common in Germany: StPO (Strafprozessordnung).
97) In Germany, according to section 160 StPO "[t]he public prosecution office shall ascertain not only incriminating but also exonerating circumstances.
155 II StPO "[T]he courts shall be authorized and obliged to act autonomously" in their pursuit of the truth.