Gewahrsamstauglichkeit, vernehmungsfähigkeit, verhandlungsfä higkeit

Translated title of the contribution: Ability to undergo custody, interrogation and trial

Research output: Contribution to journalArticlepeer-review

14 Scopus citations


Ability to undergo custody refers to the relatively short period of police custody, while ability to undergo detention refers to the ability to undergo pre-trial confinement or penal confinement. Ability to undergo custody indicates that the psychological and physical condition of the subject allows a relatively limited police confinement. Ability to undergo interrogation is considered to be the capacity to understand the sense of the questions posed during police investigations and at court, and to answer such questions meaningfully. In a civil court procedure, ability to undergo trial is the capacity to participate in legal proceedings. The capacity to undergo legal proceedings is bound to contractual capacity. Ability to undergo trial refers to the accused in criminal proceedings (principal proceedings). The German Federal High Court (BGH) defines ability to undergo trial as a state of mental clarity and freedom, so that it is possible to proceed against the accused according to criminal law. He must be in a position to represent his own interests reasonably, to maintain his rights, to conduct his defence in a reasoned and understandable manner and to deliver procedural declarations as well as to understand such. In addition, the carrying out of the principal proceedings may not endanger his life nor result in irreparable severe damage to his health.

Translated title of the contributionAbility to undergo custody, interrogation and trial
Original languageGerman
Pages (from-to)177-189
Number of pages13
Issue number3
StatePublished - Jun 2005
Externally publishedYes


  • Ability to participate in legal proceedings
  • Ability to undergo custody or detention
  • Ability to undergo interrogation
  • Ability to undergo trial


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