CURRENT DEVELOPMENTS ON BIAS DUE TO PRIOR REFERRAL
The problem of a defendant facing a judge who has previously stated in a written judgment that he or she is convinced of the guilt of the current defendant is discussed under the heading of “prejudice”. The decision of the Federal Constitutional Court of 27.01.2023 (Ref. 2 BvR 1122/22) brought the discussion in Germany to a temporary climax – but certainly not to its end. The case is currently pending before the European Court of Human Rights under application no. 25095/23.