Behördenfehler
Administrative or procedural error committed by German state authorities during criminal investigation, prosecution, or adjudication. Not a specific legal term in the German Criminal Code, but a descriptive category encompassing mistakes by police, prosecutors, courts, or correctional agencies.
Behördenfehler refers to errors committed by German governmental authorities in the context of criminal proceedings. This encompasses mistakes made by police during investigations, prosecutors in charging decisions, courts in adjudication, or correctional facilities in sentence execution. The term is not codified as a specific legal concept in the Strafgesetzbuch (German Criminal Code), but rather serves as a descriptive category for various types of official misconduct or negligence.
Such errors can take numerous forms, including incorrect evaluation of evidence, procedural violations, administrative mistakes in case files or service of documents, and legally erroneous decisions. The significance of a Behördenfehler depends on its nature and impact on the defendant's rights. Minor administrative errors may have no practical consequence, while substantial mistakes can compromise the fairness of the entire proceeding.
In German criminal procedure, Behördenfehler become particularly relevant when they provide grounds for challenging a conviction or reopening a case. The Strafprozessordnung (German Code of Criminal Procedure) provides mechanisms for correcting such errors, most notably through the Wiederaufnahme (reopening) of proceedings. Section 359 StPO allows reopening in favor of a convicted person when new facts or evidence emerge, or when official errors are discovered that cast doubt on the conviction's validity.
Behördenfehler must be distinguished from other types of legal errors. A Verfahrensfehler (procedural error) specifically refers to violations of procedural rules during trial, while a Rechtsfehler (legal error) concerns incorrect application of substantive law. Behördenfehler is the broader category that can encompass both, as well as purely administrative mistakes. The classification matters because different types of errors trigger different remedies and appeal grounds under German criminal procedure law.
