Intime conviction’ in Germany: Conceptual Foundations, Historical Development and Current Meaning

The paper analyses the concept of «intime conviction» from perspective German reformed inquisitorial criminal procedure. It starts off with discussion foundations and explains how it – in essence, a flexible method to assess available evidence is integrated larger topic law evidence, especially its production evaluation (infra 1.). One key issue this regard much freedom given adjudicator carry out evidentiary relates applicable standard proof (Beweismaßstab, estándar probatorio), being «beyond any reasonable doubt» (BARD) most popular one. At rate, (reformed) system all persons involved process should be guided by search for truth. To fully understand operates procedure necessary take look at historical development different factors influencing (2.). Here again importance fact-finding authority (professional judges vs. laypersons, jury) comes light dependence or least relationship evaluation. will seen that while current based on precedents has not been linear. This then analysed following section (3.). shown moves somewhere between former legal free An expansive appeals jurisprudence increasingly turned «free into sort «conviction raisonnée», lack remaining (reasonable) doubts as basis conviction makes clear BARD which effectively informs intime substantive terms. closes some further considerations justification (high) (formally necessary) defences (4.).