When foreign lawyers hear the phrase “Beweisverwertungsverbot” — the exclusion of unlawfully obtained evidence — they might assume it functions like its counterpart in U.S. law, with strict rules and predictable consequences. But in Germany, the situation is more complex. The exclusionary rule exists, yes — but it is neither automatic nor uniform across different areas of law. Its application is nuanced, contextual, and shaped by a delicate balancing of interests.
In this article, we’ll unpack how German law treats unlawfully obtained evidence, highlighting the different approaches in criminal law, labor law, and civil law. Through examples drawn from actual cases, you’ll see that exclusion is often the exception rather than the rule — especially in criminal proceedings.
