In its judgment of 25 July 2023 (ref. 5 StR 96/24) decided that the provision of the § 51 Abs. 1 BZRGwhich prohibits the use of previous convictions in certain cases, is also of considerable importance in criminal proceedings.
This decision concerns the question of whether and to what extent previous convictions, which may no longer be included in a certificate of good conduct under the Federal Central Criminal Register Act (BZRG), may nevertheless be taken into account in new criminal proceedings.
Facts
The underlying case concerned the question of whether a previous conviction of the accused, which is no longer recorded in the Federal Central Register, may be used in new criminal proceedings. The accused had already been convicted of a similar offence in the past and this previous conviction was no longer valid at the time of the new proceedings. § 51 Abs. 1 BZRG deleted from the register and could therefore no longer be included in the certificate of good conduct.
Legal analysis
In its decision, the BGH has upheld the prohibition on exploitation of § 51 Abs. 1 BZRG recognized as fundamentally binding for criminal proceedings. The court made it clear that a previous conviction, which according to this provision may no longer be included in a certificate of good conduct, may not serve as the basis for a new conviction. The provision is intended to ensure that the resocialization of criminals is not impaired by taking into account previous convictions that have long since expired.
In its legal assessment, the BGH pointed out that exceptions to this prohibition on use are only permissible in very limited cases, for example when determining a particular reoffending or assessing the dangerousness of an offender. However, these exceptions must be interpreted and applied restrictively in order not to undermine the principle of resocialization.
Conclusion
With this decision, the BGH reaffirmed the importance of the prohibition of exploitation under § 51 Abs. 1 BZRG in criminal proceedings and underlined the need to protect the rehabilitation of offenders. The ruling sets clear limits on the consideration of previous convictions in new criminal proceedings and stresses that the prohibition on use may only be breached in exceptional cases.
This judgment is particularly relevant in practice as it tightens the requirements for the handling of previous convictions in criminal proceedings and highlights the importance of rehabilitation.
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