Body Search and Physical Examination of the Accused, the Privilege against Self-Incrimination and the Consequences of Illegally Obtained Evidence in German Criminal Law

Seminar paper from the year 2004 in the subject Law - Criminal process, Criminology, Law Enforcement, grade: 14 Points, University of Mannheim, language: English, abstract: In the following seminar paper I will deal with the body search and physical examination of the accused, the privilege against self-incrimination, and the consequences of illegally obtained evidence in German Criminal Law. In the main part, I will start with the presentation of the sections in the German Code of Criminal Procedure (GCCP) which lay down the provisions concerning the body search and the physical examination of the suspect in criminal proceedings. This will be followed by the requirements the fore-mentioned sections list in order to lawfully obtain evidence. Afterwards I will show different examples that fall under the one or the other and will so develop the differences between these two norms. Then, I will move on with the privilege against self-incrimination. I will show how this privilege is guaranteed in German Law and if it is violated with regard to body search and physical examination of the accused. In additional to this, I will also deal with the consequences of illegally obtained evidence with regard to such searches and examinations of the suspect. In the end, a brief conclusion shall sum up the fore-mentioned findings and ideas.