Truth has become an outdated concept

The principle of consensus in criminal proceedings - guiding principle for an overall reform?

Project
Subject classification criminal law
Funding Funding from 2002 to 2003
German Research Foundation (DFG) - project number 5387885
Criminal procedure reform has become a prominent issue lately. Science and politics are thinking about a new design that should create a ´participatory´ criminal process with consensual elements. The book should show that it can neither be about a fashionable adaptation to supposedly "changed ideas of justice" nor about a defense of the old European pathos of "truth and justice", but rather a sober analysis of the question of which legitimation problems each with the claim of Rationality-related procedural model must solve and what the solution of the applicable criminal procedural law looks like. The aim of the investigation is to check whether there are good reasons for deviating from this solution. Three reasons are considered. First: the standard of current law is too demanding; where the practice cannot meet these claims, the educational effort must be reduced. Second: The current law must be supplemented because the changed forms of reaction to crime can only be implemented with my procedure, which stands for a correspondingly changed, cooperative reaction style. Third: The current law solves the legitimation problem unsatisfactorily because it is based on an outdated concept of ´material truth´; instead, expediency and fainess must be the legitimation considerations.
DFG procedure Publication grants