Reform of the Code of Criminal Procedure – Expert Commission of the Federal Ministry of Justice and Consumer Protection

In September 2025, the Federal Ministry of Justice and Consumer Protection (BMJV) established an expert commission to reform the Code of Criminal Procedure (StPO). The goal is to make criminal proceedings more efficient, more modern, and at the same time more balanced in accordance with the rule of law. The commission, composed of representatives from academia, the judiciary, the legal profession, and practitioners, is working on concrete reform proposals in six thematically structured working groups.

lawyer Gül Pinar has been appointed to Working Group 5, which deals with the taking of evidence in criminal proceedings. The existing regulations in Sections 244 et seq. of the Code of Criminal Procedure (StPO) are largely still tailored to analogue procedural processes and are increasingly reaching their limits in light of digital communication and recording options. Accordingly, there is a significant need for reform. The focus of the deliberations will be on issues relating to the modernisation of the taking of evidence and the contemporary documentation of the main hearing. Among other things, the following will be addressed:

the introduction of audiovisual evidence recording, particularly for witness statements and judicial examinations. The introduction of video recordings, particularly for witness statements and judicial examinations, is being discussed in order to permanently document evidence in a way that is comprehensible and compliant with the law.;
The self-reading procedure. These procedures should be adapted to the requirements of electronic file management so that digital evidence—such as image, video, and audio files—can be introduced into the main hearing efficiently and in a legally secure manner.;
the expansion of reading and reference options;
The revision and restructuring of the law on motions to take evidence to improve procedural efficiency. The aim is to reform the law on motions to take evidence in a way that makes abusive or tactically motivated motions to take evidence more difficult, while at the same time preserving the rights of the defense and the principle of equality of arms.;
The translation of foreign-language documents (avoidance/use of AI). The extent to which AI-supported translation tools can facilitate work with foreign-language evidence without compromising the accuracy of the content and procedural usability is being discussed.;
the possibility of waiving the taking of evidence with the consent of the parties. Waiving certain evidence in undisputed circumstances is intended to reduce the length of proceedings and the consumption of resources without compromising the principle of fair trial.

The stated goal of the Federal Ministry of Justice is to develop a modern, practical and at the same time legally sound system for gathering evidence that meets the requirements of a digitalized justice system.

We are pleased that representatives of the legal profession have been appointed to each of the working groups. They will try to ensure that the modernization of the Code of Criminal Procedure is not pursued at the expense of the rights of the accused. In our opinion, this includes the audiovisual recording of the main hearing. Gül Pinar will contribute her practical experience from over 25 years of forensic work as a defense attorney to the commission and the reform process. She was able to make this possible, not least during the German Lawyers' Day 2024 as a speaker in the Criminal Law Committee; the central topic there was the usability of digital evidence in criminal proceedings.

The reform commission's work is scheduled to last approximately one year. The results are expected to be available in the fall of 2026 and will culminate in a draft bill to modernize the Code of Criminal Procedure. The revision of the provisions governing the taking of evidence offers an opportunity to adapt German criminal procedure to contemporary requirements—technically advanced, yet still firmly anchored in the rule of law.