Section 136a
Prohibited examination methods; prohibited evidence
(1) The accused’s freedom to make up his mind and to manifest his will must not be
impaired by ill-treatment, induced fatigue, physical intervention on the body, the
administration of drugs, torture, by means of deception or hypnosis. Compulsion
may be used only insofar as this is permitted by criminal procedure law. Threatening
the accused with measures not permitted under the provisions of criminal procedure
law and holding out the prospect of an advantage not envisaged by statute shall be
prohibited.
(2) Measures which impair the accused’s memory or his capacity to understand the
wrongfulness of an act shall not be permitted.
(3) The prohibitions under subsections (1) and (2) shall apply irrespective of the
accused’s consent. Statements which were obtained in breach of this prohibition
shall not be used, even if the accused consents to their use.
Chapter 11
Defence
Section 137
Accused’s right to assistance of defence counsel
(1) The accused may avail himself of the assistance of defence counsel at any stage
of the proceedings. No more than three defence counsel may be chosen.
(2) If the accused has a statutory representative, the latter may also engage defence
counsel independently. Subsection (1) sentence 2 shall apply accordingly.
Section 138
Own choice of defence counsel
(1) Lawyers (
Rechtsanwälte
) and professors of law at German institutions of higher
education as defined in the Framework Act for Higher Education
(
Hochschulrahmengesetz
) who are qualified to hold judicial office may be engaged
as defence counsel.
(2) Other persons may be engaged only with the approval of the court. In cases
where the assistance of defence counsel is mandatory and the person chosen is not
amongst the persons who may be appointed as defence counsel, such person may
additionally be admitted as counsel of the accused’s own choice only together with
one who may be so appointed.
(3) If witnesses, private prosecutors, private accessory prosecutors, persons entitled
to private accessory prosecution and aggrieved persons can avail themselves of the
assistance of a lawyer or representation by a lawyer, they may, in accordance with
subsection (1) and subsection (2) sentence 1, also choose the other persons
designated therein.
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