[Evaluation of injuries by means of photographs in a homicide (manslaughter or murder) barred by the statute of limitations].
Pursuant to Section 78 German Criminal Code, criminal offences under Section 220a (genocide) and Section 211 (murder) are not subject to a statute of limitations. To the extent that prosecution is subject to a statute of limitations, the period of limitation is thirty years in the case of acts punishable by imprisonment for life. After the expiration of the period of limitation, evidence and investigation records relevant for the offence may no longer be available. Once a homicide is statute-barred, main proceedings may be opened only, if the elements of murder are present. The problems arising from the statute of limitations are discussed on the basis of a case on which the author had to give an export opinion. The homicide was committed in Amsterdam in 1967. In 2004, after the period of limitation had expired in The Netherlands and--as far as manslaughter is concerned, also in the Federal Republic of Germany--a meanwhile 60-year-old man accused himself of having committed the offence (manual strangulation of a tied male). After the expiration of the statute of limitations the results of the police investigations and the autopsy report were no longer available. How the offence might have been committed and whether the elements of murder were present therefore had to be discussed on the basis of still available photographs of the crime scene and the victim. After studying these pieces of evidence, the criminal court decided that the accused had actually committed a voluntary homicide, but that it was no longer ascertainable, if the elements of murder were fulfilled. The issues relevant to legal medicine are presented against the background of the problems associated with the statute of limitations.
Madea
Burkhard
B
Institut für Rechtsmedizin der Universität Bonn.
D000328:Adult; D001237:Asphyxia / Q000473:pathology*; D001344:Autopsy / Q000331:legislation & jurisprudence*; D005104:Expert Testimony / Q000331:legislation & jurisprudence*; D005858:Germany; D006708:Homicide / Q000331:legislation & jurisprudence*; D006801:Humans; D016365:Liability, Legal; D008297:Male; D008875:Middle Aged; D010781:Photography