Anna-Sophie KlimkeReichweite und Bedeutung des Unmittelbarkeitsprinzips im Strafverfahren

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The principle of immediacy, together with the other procedural maxims, has formed the basis of criminal procedure since the reform of the 19th century. The aim of the principle of immediacy is to investigate the truth, to safeguard the rights of the accused person and to clearly separate the preliminary proceedings from the main proceedings. According to the principle, the court should base its judgment on original evidence and not on the results of the investigation proceedings. The focus on the main hearing caused by the principle has always been criticized. Thus, it is discussed whether the principle of immediacy can achieve its own goal - the investigation of the truth - at all or whether the principle must be limited in favor of accelerating the criminal proceedings. In this paper, the principle of immediacy is examined in its current as well as historical significance. This involves a critical examination of the problem areas discussed in the legal literature. Another basis of the dissertation is a legal comparison with Switzerland. The Swiss criminal procedure shows great similarities to the German criminal procedure. The principle of immediacy, on the other hand, applies only to a limited extent. The direct taking of evidence is not regarded here as the primary way of establishing the truth, but only as one that exists on an equal level with the direct use of the results of the investigation. This leads to a significant shortening of criminal proceedings in Switzerland. The thesis therefore examines whether a restriction of the principle of immediacy would also be possible and worth striving for in Germany. Furthermore, the thesis deals with the question of how a restriction could be implemented in concrete terms and shows the existing advantages and disadvantages.

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