OFFICIAL MISCONDUCT

All participants in the criminal process can make mistakes and thereby contribute to the creation of wrongful convictions.

 

According to the National Registry of Exonerations, official misconduct was a contributing factor in 55 percent of the wrongful convictions recorded in U.S. criminal proceedings.

Official misconduct is assumed when police officers, prosecutors, or other holders of sovereign authority have significantly abused their authority or the processes of justice and this has contributed to the wrongful conviction.

 

In German criminal proceedings, not every misconduct on the part of those involved in the criminal proceedings on the part of the state justifies reopening the case in favor of the convicted person.

Pursuant to Section 359 No. 3 of the Code of Criminal Procedure, it is necessary that a judge or lay judge involved in the conviction is guilty of a criminal violation of his or her official duties in the course of his or her work on the case. Examples of such violations include obstruction of justice under Section 339 of the Criminal Code, acceptance of advantage under Section 331 of the Criminal Code, corruption under Section 332 of the Criminal Code, deprivation of liberty under Section 239 of the Criminal Code and coercion under Section 240 of the Criminal Code.

Breaches of duty by investigating officers or public prosecutors are not covered by this and only justify reinstatement under further conditions in individual cases.