Conflict defence

theme No.: 33a
responsible federal state: North Rhine-Westphalia
date: 06.11.2023 - 10.11.2023

The seminar is aimed at judges of criminal courts, especially members of main criminal divisions and chairmen of courts of lay accessors. It also targets public prosecutors who are instated in conflictual proceedings.
In the first seminar section, typical defence counsel strategies will be introduced by means of case law examples. Furthermore, the seminar deals with conflicts arising in the preliminary investigation. The main topics will be procedural actions before and during the hearings. Decisions from the Federal Constitutional Court and the Federal High Court of Justice and different orders, surveys and a script for criminal proceedings will be introduced. It shall ease dealing with conflicts and speed the proceedings.
The second seminar section deals with motions put forward by the defence. Its abuse during formally proper execution of defence often forms the centrepiece of conflict defence.
In so far subjects will be:

• The difference between free and strict proof
• The classification of a motion put forward by the defence, a mere suggestion and a motion to determine evidence
• Decisions concerning motions put forward by the defence during criminal proceedings
• Motions to hear experts or witnesses abroad.

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