German Federal Constitutional Court Reverses 2021 Reform Allowing Retrials After Acquittal in Murder Cases

Nullification of reform prohibits multiple trials in murder cases, even with emergence of new evidence, in line with Germany's constitutional provision against double jeopardy and retroactive application of laws.

The German Federal Constitutional Court has declared a 2021 reform of the Code of Criminal Procedure unconstitutional, thereby prohibiting retrials in murder and war crimes cases if the accused is acquitted, even if new evidence emerges.
The court's decision followed the complaint of a man who had been acquitted in a 1981 rape and murder case; the complaint was lodged after the man faced renewed legal proceedings due to the emergence of new DNA evidence.
Six of the eight judges at the court voted in favor of the ruling, emphasizing that multiple punishments and prosecutions are prohibited by Article 103 of Germany's constitution, the Basic Law.
The court clarified that the constitutional right not to be tried again for the same crime is absolute, thus leaving no room for reinterpretation or further legislative reform, even if it transpires that the initial verdict was incorrect.
The court also ruled that the controversial provision violated a ban on retroactive application of laws, effectively reverting the judicial landscape back to its state before the enacted reforms of December 2021.