Article 311(3) of German Criminal Procedural Code

This is a discussion on Article 311(3) of German Criminal Procedural Code within the International Law Issues forum, part of the INTERNATIONAL LAW category; Dear Colleagues, I am a Turkish Judge and am trying to understand the article 311 subsection 3 of German Criminal ...

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Old Jul 29th, 2008, 12:26 PM   #1
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Default Article 311(3) of German Criminal Procedural Code

Dear Colleagues,
I am a Turkish Judge and am trying to understand the article 311 subsection 3 of German Criminal Procedural Code that is quoted below:

While mentioned article on the one hand says that Court may not ammend its decision, it says Court may redress its decisions on the other. Could you give some editional and detailed information what kind of contest is this? Is this related to the final decision made by the Court.
Also, could you explain me what Courts hear the appeal on facts and law and appeal on solely law.
Thank you very much in advance.

Article 311(3) The court shall not be competent to amend its decision contested by a complaint. It shall, however, redress the complaint if, to the detriment of the complainant, it has used facts or evidentiary conclusions in respect of which the complainant has not yet been heard and if, as a result of subsequent submissions, it considers the complaint to be well-founded.
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Old Aug 9th, 2008, 10:35 AM   #2
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Default Re: Article 311(3) of German Criminal Procedural Code

I will look a this provision in German today and get back with you ASAP.
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