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This commemorative work is dedicated to the Berlin-based criminal
law professor Klaus Geppert in honor of his 70th birthday.
It may seem odd to an outsider - but clearly obvious to the
seasoned practitioner - that during criminal proceedings, it is not
the law that is debated, but primarily the facts of the case. The
reason for this lies in the nature of court proceedings: the judge
passes ruling on an event that occurred in the past, and for which
he/she was not present. The judge must acquire all knowledge
indirectly through the process of hearing evidence. Disputes
regarding the facts of the case and erroneous judgments are
inevitable. With this work, the long overdue model of a rational
determination of the facts of a case should also be developed.
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