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NCJ Number: 44003 Find in a Library
Title: COMPARATIVE CRIMINAL PROCEDURE - GERMANY
Author(s): J H LANGBEIN
Date Published: 1977
Page Count: 187
Sponsoring Agency: West Publishing Co
St Paul, MN 55164
Sale Source: West Publishing Co
610 Opperman Drive
P.O. Box 64526
St Paul, MN 55164
United States of America
Language: English
Country: United States of America
Annotation: THE GERMAN SYSTEM ILLUSTRATES THE DIFFERENCE BETWEEN THE 'NONADVERSARIAL' OR 'INQUISITORIAL' CHARACTER OF THE CONTINENTAL SYSTEM AND THE 'ADVERSARIAL' CHARACTER OF THE ANGLO-AMERICAN SYSTEM.
Abstract: IN ANGLO-AMERICAN CRIMINAL AND CIVIL PROCEDURE, THE COURT TAKES VIRTUALLY NO RESPONSIBILITY FOR PRODUCING EVIDENCE AND SHAPING LEGAL ISSUES; IN CONTINENTAL SYSTEMS, THE COURT THAT DECIDES THE CASE ALSO HAS THE ACTIVE ROLE IN INVESTIGATING THE FACTS AND FORMULATING THE ISSUES IN DISPUTE. THERE ARE CONSIDERABLE VARIATIONS AMONG THE CONTINENTAL SYSTEMS IN STRUCTURE, PRACTICE, AND DOCTRINE. THE WEST GERMAN SYSTEM COMES CLOSER TO THE AMERICAN SYSTEM IN PRETRIAL PROCEDURE (THE USE OF THE PUBLIC PROSECUTOR) AND IN TRIAL PROCEDURE (THE PROMINENCE OF LAY PARTICIPATION IN ADJUDICATION) THAN OTHER EUROPEAN MODELS. THE TEXT DISCUSSES AN ACTUAL TRIAL CASE AS AN EXAMPLE OF GERMAN CRIMINAL PROCEDURE AND OUTLINES THE TRIAL COURT; THE OTHER PARTICIPANTS; THE PRINCIPLES OF PROOF; THE EXAMINATION OF THE ACCUSED; OTHER PROOFS, SUMMATION, DELIBERATION, AND JUDGMENT; AND APPEAL. THE ROLES OF GERMAN PROSECUTORS AND LAY JUDGES ARE DELINEATED, AND THE SYSTEM OF NONTRIAL DISPOSITION THAT EXISTS IN WELL OVER 90 PERCENT OF FELONY CASES IS DESCRIBED. A GLOSSARY, EXTRACTS FROM THE CODE OF CRIMINAL PROCEDURE, AND A TABLE OF REFERENCES TO THAT CODE ARE APPENDED.
Index Term(s): Germany; Judicial process; Jurisprudence; Prosecutors
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