Der Rechtsschutz nach § 98 Abs. 2 Satz 2 StPO

The guarantee of 'effective' legal protection in Article 19 Subsection 4 Sentence 1 of the German Basic Law applies to preliminary investigations in criminal proceedings as well. Based on this fundamental right, court rulings and legal writers have developed a system of legal protection which should also permit a declaratory judgment on non-judicial encroachment on fundamental rights. Michael Glaser refutes the approaches which have been developed by using the historical-genetic and the constitutional interpretation as well as after having excluded a possible analogous legal application. In doing so, he takes the current developments in the law of criminal procedure into consideration. In his proposal for a law, the author concludes with an outlook of how it would be possible to implement the legal protection mandate in the German Basic Law in a future reform of criminal proceedings.