Prosecution System in the Federal Republic of Germany (From Resource Material Series No. 32: UNAFEI, P 28-34, 1987, Hideo Utsuro, ed. -- See NCJ-115682)

• NCJ Number: 115684
• Author(s): K H Kunert
• Date Published: 1987
• Length: 7 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Issue Overview
• Language: English
• Country: Japan

Annotation

This article discusses the role of the Federal and State public prosecutors in the legal system of the Federal Republic of Germany.

Abstract

There are approximately 50 Federal prosecutors in the Federal Republic and they are assigned to the Federal criminal court, an appellate body, as well as to State high courts for espionage, high treason, or terrorism cases. The 11 States in the Federal Republic employ nearly 4,000 prosecutors, most of whom are lawyers. Prosecutors are appointed and supervised by Federal or State ministers of justice and, after appropriate training, receive life tenure. Public prosecutors have a monopoly over the preferring of criminal charges and are required to take action against all prosecutable offenses for which sufficient evidence exists. However, minor violations and misdemeanors are outside of the criminal process and are dealt with by the police and other administrative agencies. If the perpetrator of a minor crime compensates the victim, volunteers to make a payment to a charitable organization, or restores property, the prosecutor is granted discretion not to prosecute. Other examples of the prosecutors' discretion are discussed, along with a controversial proposal not to prosecute terrorists who report their accomplices to criminal justice authorities. 17 footnotes.