NCJ Number
108503
Journal
International Journal of Comparative and Applied Criminal Justice Volume: 11 Issue: 1 Dated: (Spring 1987) Pages: 69-75
Date Published
1987
Length
7 pages
Annotation
The laws of the German Democratic Republic (GDR) permit citizens to participate as representatives of social organizations and collectives in criminal procedures, and citizen participation as a representative of a collective is unique to this nation.
Abstract
This citizen appears in court as the representative of the work team of the accused person or as the representative of the collective in which the accused person lives. This participation reflects the view of the GDR that the offender's social environment is significant and has an effect on both past and future development. Participation of the collective's representative enables the justice system to gather knowledge and to mobilize social forces to reform the lawbreaker. It also helps the collective responsibility for correcting punishable behavior to grow and develop. The representative differs from a witness in that the representative can explain the collective's view of the punishable act, its motives, and the appropriate corrective measures. The representative takes part throughout the criminal proceedings. The representative is requested by the prosecutor, who requires a collective deliberation about the defendant and the act. In certain cases, the collective may renounce formal participation in the proceedings. Once asked to take part, the representative has the rights to take part continuously, to explain the opinions of the collective, to voice personal views, and to contribute to the collective's evaluation of the proceedings. The particular of the representative is helpful to the defendant, who also has the right to a defense and counsel. Representatives of collectives take part in about 75 percent of all proceedings.