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LG (higher court) Mainz 1998-October-22
1 QA 25/98
Range/standards: StPO (Criminal Law )
Added into the data base: 1999-July-19
Author: Volker Kitz

Access to Files only for Lawyer

An accused, who is not represented by a lawyer, does not have the right to access his files.

The LG Mainz rejected the complaint of an accused, who complaint against the fact he was denied file access by the district court. Following the law only a lawyer has the right to access to files. The court admitted, that this legal rule is in contradiction to a decision of the European Court of Human Rights, which had regarded such a right necessary for the preparation of an adequate defence. The German courts might grant however no access to files, as long as the legislator not expressly permits this.


PS: This judgment shows that Germany violates Article 46 of the European Convention of Human Rights to obey judgments.


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