Über Unwissenheit schützt vor Selbstbelastung nicht?
»Does Ignorance not Prevent Self-Incrimination? On the Duty of Instruction on the Voluntary Nature of Breath Alcohol Measurement and the Consequences of its Violation«: Every day, police officers carry out countless voluntary breathalyser tests. Problems arise when the subject is not aware of the voluntary nature of the test. This work answers the questions of whether the affected person must be informed about the voluntary nature and what consequences a breach of the duty to inform has. For this purpose, the author examines the conflicting judgments and the different views expressed by the literature.
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