NCJ Number
130455
Editor(s)
G O W Mueller
Date Published
1965
Length
252 pages
Annotation
After an introduction that outlines the history, organization, and contents of the Federal Republic of Germany's Code of Criminal Procedure, this book presents the code and appended relevant provisions of the German Constitution and the Court Organization Law.
Abstract
The Code of Criminal Procedure, enacted in 1950, has major sections that address general provisions, procedure at first instance, means of review, reopening of a proceeding terminated by final judgment, participation of the injured person in the proceeding, special types of procedure, and execution of punishment and costs of the proceeding. The introduction notes that criminal procedure, as currently practiced in the Federal Republic of Germany, is an inquisitorial proceeding based on the principles of public prosecution and investigation. The office of the prosecution and the courts initiates a proceeding if there is sufficient reason for it. This action is not conditioned upon any private initiative or the petition of individual citizens. There is a compulsory division of labor between the office of the prosecution and the courts. The court may never take a case upon its own motion. The court must determine in an "intermediate proceeding" whether or not the "main proceeding" (trial) will be opened by admitting the public charge. The court must rule against opening of the trial if the court rules there is no adequate ground to suspect that an offense has been committed. If the main proceeding is opened by an order of the court, there must be a trial and a judgment. The judgment is determined by a panel consisting of six lay judges and three career judges. A majority of two-thirds is required for any decision unfavorable to the accused.