NCJ Number
86138
Date Published
1981
Length
20 pages
Annotation
This discussion of the criminal justice system of the German Democratic Republic considers substantive criminal law, criminal procedure, and execution of penal measures (corrections).
Abstract
The organs of law enforcement in the German Democratic Republic include the court, procurator, investigating agencies, lawyers, and the agencies responsible for the execution of sentences. The laws, especially the Penal Code, enacted by the supreme popular representative body outline prerequisites, limits, content, and scope of personal criminal responsibility. The principle of no punishment and no crime without law applies without reservation. The primary purpose of legislation is to ensure that criminal liability is limited to acts endangering society or acts that are incompatible with social conduct which must be prosecuted with no other but penal measures. The objective of punishments is to protect society, prevent punishable acts, and reeducate offenders to observe the law. The sole legal basis of criminal proceedings is the Code of Criminal Procedure, which regulates the procedures to be applied in investigating criminal liability. The main phases of criminal proceedings are preliminary proceedings, court trial, and appeal. The objective of criminal procedure is to ensure the fair application of criminal law and the guarantee that those guilty of punishable acts will be held accountable while innocent persons will not be punished. Guilt must be proven beyond doubt.