NCJ Number
86133
Date Published
1981
Length
21 pages
Annotation
This overview of the criminal justice system of the Federal Republic of Germany, a civil law country, focuses on substantive criminal law, criminal procedure, and the execution of penal measures (corrections).
Abstract
The criminal justice system of the Federal Republic of Germany is based on codes and statutes that express general principles arranged systematically and phrased in abstract language. Court decisions are not used as sources of law but only in interpreting legal text. The common law doctrine that precedent is binding is not practiced in West Germany. Criminal offenses are categorized as either felonies punishable by imprisonment for at least 1 year and misdemeanors punishable by imprisonment for a shorter minimum period or a fine. Juveniles of less than 14 years-old are not criminally responsible, and neither are corporations. Criminal law provides for the mental element of intention and negligence, attempt and conspiracy, various kinds of defenses, and penalties viewed as retribution. Criminal procedure provides that the trial must be public and the accused be presumed innocent until guilt is proven. The prosecutor, except in situations specified in the code of criminal procedure, is required to prosecute all charges for which there is sufficient evidence. The trial is inquisitorial rather than adversarial. The code provides for the rights of an accused; arrest, bail, and pretrial detention; lay participation; and special procedures for juveniles. Penal institutions are administered by prison authorities under the supervision of the State ministries of justice. Offenders are classified according to age, sex, type of offense, length of sentence, and prior convictions.