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DO YOU NEED HELP?

Do you need help because you or someone else has been convicted of a crime without having committed it?

Please fill the questionnaire (see below) and send it together with the Verdict to us. 

Please NEVER send us unsolicited files from the proceedings or evidence!

Just send questionnaire and judgment

per email to

info[at]wiederaufnahme.com

or by mail to

FU Law Clinic "Post Conviction"

Prof. Dr. Carsten Momsen

Free University of Berlin

Department of Law

Van't Hoff Street 8

14195 Berlin.

The questionnaire contains questions:

  • about you and your current situation,

  • about your criminal proceedings (What does the verdict say? Has there been an appeal?) and

  • for retrial (Why do you want a retrial? What evidence was used in the trial? What new evidence is there?).

  • You can find the questionnaires here:

 

It then goes on like this:

With your answers from the questionnaire and other documents (your judgment) that you send us, we start with a preliminary examination.

The point is whether we see the beginnings of a retrial (i.e.: does it seem possible that there is new evidence?). During this preliminary examination, there is no client relationship. We therefore have no right to refuse to give evidence, and there is also no protection against seizure (however, it is very unlikely that something will be confiscated because your proceedings have been completed).

The preliminary examination can take some time because we work with students in our free time. Please keep in mind that the result can also be that we do not find any approaches for a reopening application. When we're done with this preliminary check, we'll get in touch with you. You can then decide what to do with the result. If necessary, a referral to a lawyer is possible.

You do not have to pay anything for the preliminary examination. But if you have money, we would be happy to receive your donation, because we have costs.

We would like to point out that the employees of the project will not be mandated. This means that the privileges that normally protect the relationship between defender and accused do not exist. For example, we cannot assert any right to refuse to give evidence to state authorities. Also, the documents you send us are not as protected from state access as they would be if you had hired a lawyer. Of course, we have committed ourselves to secrecy internally and will treat your case with absolute discretion.

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