[Legal consequences in cases of deaths in police custody].
From 1993 to 2003, 128 people died in police custody in Germany. The autopsy records allowed a more detailed analysis in 60 of these cases. The most frequent cause of death was cerebro-cranial trauma followed by alcohol, drug and medication poisoning. 24 (40%) of those 60 cases led to preliminary proceedings against responsible personnel such as doctors, police officers, paramedics and a hospital nurse. Prosecution later dropped proceedings in 75% of these cases in accordance with Section 170 Subsection 2 of the German Code of Criminal Procedure since there was no criminal conduct. In 2 of the cases, charges were dropped on condition. Only one of these 24 cases led to a conviction by an order of summary punishment. This case study discusses the legal assessment in the light of the high burden of proof required in a criminal case in Germany.
Heide
S
S
Institut für Rechtsmedizin, Martin-Luther-Universität Halle-Wittenberg. steffen.heide@medizin.uni-halle.de
Kleiber
M
M
Stiller
D
D
D002423:Cause of Death; D002961:Civil Rights / Q000331:legislation & jurisprudence*; D005858:Germany; D009026:Mortality; D016495:Police; D011329:Prisoners / Q000706:statistics & numerical data*; D028743:Professional Misconduct / Q000331:legislation & jurisprudence*