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NCJ Number: 135664 Find in a Library
Title: Integration, Diversion and Resocialisation in German Criminal Procedure (From Resource Material Series No. 36, P 56-71, 1989 -- See NCJ-135660)
Author(s): H Kirschner
Date Published: 1989
Page Count: 16
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
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United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
Tokyo, Japan
Sale Source: National Institute of Justice/
NCJRS paper reproduction
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United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
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NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Type: Legislation/Policy Analysis
Language: English
Country: Japan
Annotation: The constantly growing workload of the German criminal justice system has forced legislators to rationalize criminal proceedings, to look at diversion and resocialization to relieve pressures on the prison system, and to integrate criminal justice administration.
Abstract: Revised criminal procedures have resulted in much discussion in the legal policy field in Germany. In particular, critics have come out against the discontinuance of possibilities available to the public prosecutor. They complain that accused persons are put under pressure and that offenders in a strong financial position are placed at an advantage. Although these critics have legitimate concerns, the German Code of Criminal Procedure contains various possibilities for discontinuance. In contrast to classical German criminal procedure, legal reality has changed. Numerous investigatory proceedings in which grounds for suspicion are found against the accused no longer result in charges. Rather, the department of public prosecution has been given extensive rights to diverge from the legality principle and not bring a public charge. One result of this is that procedural problems are brought forward to investigatory proceedings, as opposed to the classical system in which such problems were reserved for the main proceedings. In similar fashion, courts are empowered to refrain in the main proceedings from passing judgment on the guilt of the accused and instead to discontinue proceedings. After the main hearing, postproceedings begin in which decisions are made on alternatives to sentence enforcement. All procedural segments are thus interwoven with the other. This integration of the German criminal justice system appears to go beyond the immediate area of the prosecuted offense. New paths opened up in German criminal law permit the informal disposal of criminal proceedings and also ease the burden on the prison system. 120 notes
Main Term(s): Foreign criminal justice systems
Index Term(s): Alternatives to institutionalization; Criminal codes; Criminal procedures; Criminal proceedings; Foreign laws; Germany; Judicial diversion
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