Eine Frage der Tatidentität: Die Auswirkung der Beweisabnahme nach Art. 343 StPO auf das

If the immediate taking of evidence in the main hearing reveals a factual situation that deviates from the indictment, the principle of immediacy and the principle of indictment cannot coexist without restrictions. The question arises as to how this tension can be resolved. Literature and jurisprudence have hardly paid attention to this issue despite its significant practical relevance. The present work by Romana Meister aims to change this and examines the question in more detail. Specifically, it is shown that the problem cannot be fully resolved under current law, despite possible flexibility in the indictment, and that the concept of factual identity must be interpreted. A principle for its determination is established, which aims to resolve the tension in favor of immediacy.