How does one legally address the injustices of a former state? This question was the focus of the historical Moot Court held in the summer semester 2025 as part of the proseminar "(Experiencing) Injustice." The starting point was a historical case: the fatal shooting of a fleeing youth by an East German border guard at the inner-German border.
“(Experiencing) Injustice” is a teaching format developed by Prof. Dr. Margrit Seckelmann and Prof. Dr. Sascha Ziemann, in which students reenact a reconstructed court trial from the past and reflect, in parallel, on questions of law and injustice as well as individual culpability in the context of systemic injustice. The moot court aims to bring to life Section 5a paragraph 2 sentence 3 (2nd half-sentence) of the German Judiciary Act, which establishes the engagement with injustices committed under the Nazi and SED dictatorships as part of legal education.
At the beginning of the semester, the roles of the trial participants were randomly assigned to the students. In addition to the defendant, prosecution, defense, and joint plaintiff, roles were also distributed for legal philosophy experts, who introduced the historical context and addressed how to deal with systemic injustice, notably by referring to the so-called Radbruch Formula. The speeches for the final simulated court session were prepared by the students during the semester. An interim seminar session allowed joint discussion of the legal issues based on previously submitted written papers (especially regarding the applicability of justifying grounds under the East German Border Law).
The trial
On July 3, 2025, the time had come: The Moot Court room filled with the trial parties and the audience. First, Prof. Dr. Sascha Ziemann introduced the historical situation of the first trial of a Berlin Wall shooter (BGHSt 39, 1), which was the factual basis for the case. The matter was called, everyone stood, and the court entered. The (fictional) 20th day of trial began, starting with the conclusion of the evidentiary phase. Here, the defendant made a statement, followed by the examination of expert witnesses Dr. Kelsen and Dr. Radbruch. After the conclusion of the evidence, the closing arguments of the prosecution, the (legally represented) joint plaintiff, and the defense were heard. As always, the defendant had the final word.
A particular highlight of the event was the chairing of the trial by Judge Dr. Christine Franzius (District Court), currently seconded to the Regional Court Itzehoe. At the invitation of Prof. Seckelmann, she contributed her judicial experience and gave the Moot Court an authentic character.
The proceedings concluded with the court’s verdict, of course. The audience decided the defendant’s guilt or innocence, functioning as a jury by drawing upon elements of Anglo-American law. The vote was clear: guilty. When the judge announced the guilty verdict delivered by the jury, a murmur went through the hall.
Outlook
The proseminar will be continued in the future with other historical cases and marks the beginning of a corresponding series, which will be continued in the coming summer semester.
Photo gallery
A photo gallery with impressions from the event can be viewed at this link.
Written by Tom Cirksena.
Further events and opportunities for students of the Faculty of Law
If you would like to engage more deeply with issues of criminal law during your studies, we recommend the following offers from the faculty:
- Hannover Fairytale Moot Court 2025/26
- Proseminar "Criminal Procedure Law" in Winter Semester 2025/26
- Proseminar "Principles of Criminal Procedure" in Winter Semester 2025/26
- Proseminar "Political Criminal Justice in the 20th Century" in Winter Semester 2025/26
- Specialization Area 4 (Prosecution and Defense)
