Reservations and Declarations for Treaty No.117 - Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms

Nature of declaration : Declarations, Denunciations, Derogations
Status as of 11/12/2018

Germany

Declarations made at the time of signature, on 19 March 1985 - Or. Engl.

1. By "criminal offence" and "offence" in Articles 2 to 4 of the present Protocol, the Federal Republic of Germany understands only such acts as are criminal offences under its law.

2. The Federal Republic of Germany applies Article 2.1 to convictions or sentences in the first instance only, it being possible to restrict review to errors in law and to hold such reviews in camera; in addition, it understands that the application of Article 2.1 is not dependent on the written judgement of the previous instance being translated into a language other than the language used in court.

3. The Federal Republic of Germany understands the words "according to the law or the practice of the State concerned" to mean that Article 3 refers only to the retrial provided for in sections 359 et seq. of the Code of Criminal Procedure. (cf. Strafprozessordnung).
Articles concerned : 2, 3, 4


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