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Abstract
<p> In her work, the author addresses the scientifically unresolved and highly practical question of whether Section 136a of the German Code of Criminal Procedure (StPO) is also applicable in cases where exculpatory evidence is presented. She shows that – in this constellation – a ban on evidence is neither constitutionally compelling nor convincing in terms of criminal policy, and that there are currently significant gaps in the protection afforded to the accused. After analyzing the fundamentals of criminal procedure law, including a comparative legal look at Austria and Switzerland, the author develops a concrete legislative proposal that strengthens the rights of the accused and thus sustainably improves the effectiveness of criminal defense. <bold>The work was awarded the DStV-Dissertationspreis 2025.</bold> </p>