GERMAN COERCIVE MEASURES (IN A RESTRICTED SENSE) AS EQUIVALENT TO INVESTIGATION DILIGENCES IN CRIMINAL PROCEEDINGS

Abstract

In the case of measures which, in criminal proceedings, may have an intense impact on the fundamental rights of the accused or third parties, German doctrine generally does not distinguish between investigative measures and precautionary measures. Unlike much of Latin America, everything is usually dealt with in the “coercive measures” chapter. This creates difficulties in scientific work, especially in the field of comparison. Therefore, this article focuses on the study of German “coercive measures”, and explains why, in a restricted sense, equivalence could be established between them and “investigative measures”. This approach may lay the groundwork for a general, abstract and systematic treatment of research diligence, which, despite its extraordinary practical relevance, suffers from important scientific development.