Art. 147 CrimPC from 2023
Art. 147 Rights to Participate in the Taking of Evidence General provisions
1 Parties have the right to be present when the public prosecutor and the courts are taking evidence and to put questions to persons who have been questioned. The presence of the defence lawyer at examination hearings conducted by the police is governed by Article 159.
2 Persons exercising a right to participate do not have the right to request that the taking of evidence be postponed.
3 A party or his or her legal agent may request that evidence be taken again if the legal agent or the party without a legal agent is prevented from participating for good cause. Evidence need not be taken again if it would involve unreasonable trouble and expense and the right of the party to be heard, and in particular the right to ask questions, can be taken into account in another way.
4 Evidence obtained in violation of this Article is inadmissible against a party who was not present when it was taken.
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
