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Boetticher, Axel; Koller, Matthias; Boehm, Klaus Michael; Brettel, Hauke; Doelling, Dieter; Hoeffler, Katrin; Müller-Metz, Reinhard; Pfister, Wolfgang; Schneider, Ursula; Schoech, Heinz and Wolf, Thomas (2019): Empfehlungen für Prognosegutachten: Rechtliche Rahmenbedingungen für Prognosen im Strafverfahren. In: Forensische Psychiatrie Psychologie Kriminologie, Vol. 13, No. 4: pp. 305-333

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The legal framework for predictions in criminal proceedings in Germany has developed considerably since the submission of the "Minimum Requirements for expert opinions about predictions" in 2006. The legislator has extensively revised existing paragraphs dealing with prognosis and created additional paragraphs which in part raise new types of questions. Procedural regulations have also been partially revised. At the same time courts of appeal place increasingly stricter requirements on the reasoning of prognosis decisions by trial judges. The following article traces these developments and brings the framework conditions for prognoses in criminal proceedings up to date. The analysis differentiates between procedural law and substantive law, and within these categories further differentiates according to the main proceedings and enforcement proceedings as well as the various sanctions.

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