Thomas Kreuz Die Grenzen der Eingriffsermächtigung des § 81a StPO

About this book

The book illustrates the meaning of § 81a StPO in the context of criminal procedural law, particularly in the subsection of physical examinations, in order to ascertain objective personal evidence. With regard to medical progress, interpretational changes in constitutional law and the assuring of rights of defendants, it is shown that also in cases where the examination of enabling acts seems to be completed, a continuous debate on the prerequisites and problems is required. An adapted and purposeful perception of the intervention rights of a state with sufficient respect to the rights of defendants is only possible through constantly exposing the problems and questioning the factual limits. Especially the questions raised during the analysis and the de lege lata unsolved issues verify the timeliness and relevance of the topic. Without continuous development – and necessary adaption – of written law it is hardly possible to find an appropriate solution to current areas of conflict. The problems surrounding the use of emetics and the power to request blood samples also show the challenges a practitioner has to overcome when legal developments in law do not keep pace with the actual development of crime. Apart from that, it is apparent that legal commentaries do not adequately take medical and other development into consideration either and therefore have to be assessed critically at all times. To help resolve the problem, this book provides an extensive scientific overview on the examination methods taking current medical development into account and presents the possible application areas of § 81a StPO clearly and comprehensively.