NCJ Number
144324
Journal
International Criminal Justice Review Volume: 2 Dated: (1992) Pages: 76-104
Date Published
1992
Length
19 pages
Annotation
This paper presents a step-by-step analysis of the procedures followed in the Federal Republic of Germany from arrest through sentencing, including the options available to the prosecutor and the court at each step in the process.
Abstract
The discussion notes that criminal proceedings use an inquisitorial rather than an adversarial system and that the codified system is more rigid than some other systems and allows for less discretion on the part of the prosecutors and judges. Moreover, prosecutors and judges are career civil servants, the reward system is directed mostly toward correctly following the procedural rules and conforming to the normative structure. It describes the procedures covering the prosecution and sentencing of juveniles and adults, noting that defendants who are ages 18-20 may be adjudicated as juveniles, although they are initially assumed to be adults for purposes of prosecution. Statistics regarding robbery are used to illustrate the outcome of case processing at each stage. The discussion notes that the German Penal Code specifies five categories of robbery and the full range of possible sentences, including the day fine, suspended sentence, imprisonment, and life imprisonment. Tables, footnotes, and 20 references (Author abstract modified)