Legal Consequences in Cases of Deaths in Police Custody

From 1993 to 2003,128 people died in police custody in Germany. The autopsy records allowed a more detailed analysis in 60 of these cases. The most frequent cause of death was cerebrocranial trauma followed by alcohol, drug and medication poisoning. 24 (40%) of those 60 cases led to preliminary proceedings against responsible personnel such as doctors, police officers, paramedics and a hospital nurse. Prosecution later dropped proceedings in 75% of these cases in accordance with Section 170 Subsection 2 of the German Code of Criminal Procedure since there was no criminal conduct. In 2 of the cases, charges were dropped on condition. Only one of these 24 cases led to a conviction by an order of summary punishment. This case study discusses the legal assessment in the light of the high burden of proof required in a criminal case in Germany.