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Report No. 277

C. Germany

3.15 In Germany, the issue of miscarriage of justice resulting in wrongful convictions et.al. is primarily dealt with by assigning the liability to the State ('official liability'), and by providing compensation to those wrongfully convicted.

(i) Grundgesetz - The Constitution

3.16 The Constitution of Germany [Grundgesetz (GG)], 1949, also referred to as the Basic Law, in its Article 34 lays down the primary law in this respect. The Article titled 'Liability for violation of official duty' reads: If any person, in the exercise of a public office entrusted to him, violates his official duty to a third party, liability shall rest principally with the state or public body that employs him. In the event of intentional wrongdoing or gross negligence, the right of recourse against the individual officer shall be preserved. The ordinary courts shall not be closed to claims for compensation or indemnity.



Wrongful Prosecution (Miscarriage of Justice) - Legal Remedies Back




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