Office of the Federal Prosecutor General in West Germany -- With Special Regard to Combating Terrorist Activities (From Resource Material Series No. 38, P 46-56, 1990, United Nations Asia and Far East Institute -- See NCJ-135723)

• NCJ Number: 135727
• Author(s): P Morre
• Date Published: 1990
• Length: 11 pages
• Sale Source: National Institute of Justice/; United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders; NCJRS Photocopy Services
• Publication Type: Survey
• Language: English
• Country: Japan

Annotation

A discussion of general legal principles in West Germany is followed by a description of the specific powers and responsibilities held by the Federal Prosecutor General in connection with counterterrorism activities.

Abstract

Public prosecution in West Germany operates along several criminal procedural rules that relate to the investigation, the principle of material truth, the legality principle, and the relationship between prosecutor and police. The German public prosecutor receives the same education and training and enjoys the same independence as do Federal judges. The Federal Prosecutor General holds a unique position within the Federal system; this article discusses the Office's general competences, organization, and staff. In terms of counterterrorism activity, the Federal Prosecutor General has original and exclusive competence to prosecute terrorism within Germany; secondary competences extend to indirect results of terrorism, incidents of foreign terrorism, and political delinquency. The Federal Prosecutor General is responsible for investigations, preferment of charges and participation in the trial, and enforcement of the sentence.