Strafprozessuale Ermittlungsmaßnahmen und Zeugnisverweigerungsrechte

There are many provisions in the Code of Criminal Procedure that restrict investigative measures by referring to the rights to refuse to testify. Anne Schneider examines to what extent these rules comply with the objective for granting the rights to refuse to testify by making use of the approach of legislative theory. She identifies the different interests at stake and thus potential objectives before investigating the boundaries set by law of a higher order for the drafting of legislation. Because her subsequent analysis of the lex lata shows that none of the potential objectives are able to fully explain it, she accordingly proposes new rules for all investigative measures that waive the accessoriness to the rights to refuse to testify.