Das strafprozessuale Legalitätsprinzip im Licht des digitalen Strukturwandels

Abstract

Investigative authorities face a structural dilemma: exploding volumes of data, limited resources, and criminal procedure law that is not yet sufficiently equipped to deal with this reality. This work analyses the scope of the principle of legality in criminal procedure within this context. The author develops normative criteria for prioritising investigative proceedings, the admissibility of data reduction and the limits of the duty to investigate. On this basis, proposals for reform are drawn up – including a draft for IT forensic standards in the Code of Criminal Procedure ('Strafprozessordnung'). Finally, the opportunities and legal risks of using AI in investigative proceedings are examined.