Sun, Dec. 09, 2007

Remedy Effectively Waived

CK - Washington.   A criminal defendant can effectively waive all rights to an appeal and is then barred from a review by the Supreme Court in Karlsruhe, that court decided in the matter 2 StR 533/07 on December 6, 2007 in applying §349(I) StPO of the German rules of criminal procedure. In a rape case, the court advised the convicted defendant of the available remedies, handed out a written form with explanations--not available via Google--, and explained the general and special rules for an appeal and further review. The defendant then waived an appeal, Rechtsmittelverzichtserklärung, upon which the judgment became final, the Supreme Court held. The court. Bundesgerichtshof published its November 21, 2007 opinion on Decmeber 7, 2007.


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