The German constitutional court on Tuesday ruled that individuals acquitted in cases of murder and war crimes cannot be tried again for the same crime, even if there is new evidence, according to Reuters.
Six judges at the Karlsruhe-based court voted in favour of the ruling, while two voted against.
The complaint was brought by a man in his 60s who was found not guilty in 1981 for the rape and murder of a 17-year-old girl due to insufficient evidence.
When DNA evidence discovered years later indicated the man could be guilty after all, the father of the victim filed a petition to have a double jeopardy clause in Germany’s basic law overturned.
In December 2021, the government changed the law so that in cases of murder, genocide and war crimes, a person could be prosecuted a second time.
A second trial against the 1981 murder suspect was initiated in 2022.
Tuesday’s ruling in favour of the plaintiff means that the government’s 2021 reform is null and void.
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