Contrary to what the wording suggests, capital offenses are not criminal offenses involving capital and therefore economic criminal matters, but criminal offenses that usually result in death or attempts to kill someone or others to murder.
A list of capital offenses (§ 74 Abs. 2 GVG) is historically conditioned, because it contains the word “Caput” and this means in Latin “head”. Namely in ancient Rom the verdict of such crime would automatically lead to a beheading (capital punishment).
Externally, defense such as accessory prosecution in capital punishment cases requires a special, tactful experience, for example regarding the extent of the media, the family of the accused, his (former) landlord, and his (former) employer or (former) business associates.
Often these are proceedings with prominent publicity, in which the public often participates with sensationalist coverage of tabloid journalism with great interest.
The substantive requirements for effective defense due to Murders must be measured by the fact that at the jury court specialists specialize in the material proceedings. At the criminal police (LKA), there is a separate homicide commission (Mordkomission) working in various shifts and groups. The prosecution also has its own department specializing in murder and manslaughter.
The consequences for family of the accused are known to be a burden due to the length of the life-time sentence, in case he or she is condemned to murder.
In addition, the effect of the guilty verdict on the further life of the defendant should not be underestimated. In the procedure one must be familiar with the process material in criminalistics and DNA, with the murder and manslaughter dogmatic of the highest German court (BGH) , with forensic medicine and the psychiatric assessment. Rely on my expertise in capital offenses, I have defended in both murder and manslaughter and represented both accused person and the accessory prosecutor.
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