Principles of German Criminal Procedure

ISBN-13: 9781849462167 / Angielski / Twarda / 2012 / 306 str.

Michael Bohlander

Opis

This book outlines the fundamental aspects of the German approach to criminal procedure and is meant as a companion volume to the author's earlier publications, The German Criminal Code: A Modern English Translation and Principles of German Criminal Law. In appropriate cases, comparisons to English and Welsh law have been drawn. The chapters cover a wide range of issues, from setting out the basic procedural principles to presenting the main players in the criminal justice system, pre-trial investigations, the path from indictment to trial judgment, rules of evidence, sentencing, and appeals and post-conviction review. Differences between proceedings against adults and juveniles are highlighted. The theoretical discussion of decision-making and style of judgment writing is supported by practical insights through specimen translations of an indictment, a trial judgment, and an appellate judgment by the Federal Court of Justice. (Series: Studies in International and Comparative Criminal Law - Vol. 8)

Spis treści

1 Introduction 2 Basic Concepts 3 Actors in the Criminal Justice System 4 Pre-trial Investigation 5 From the Decision to Prosecute to Judgment at First Instance 6 Evidence 7 Sentencing and Enforcement—An Overview 8 Appeals and Post-conviction Review Annex 1 Indictment to the Schwurgericht for aggravated murder and other offences Annex 2 Judgment of the Schwurgericht (imposition of life sentence) Annex 3 Judgment of the Bundesgerichtshof (acquittal)