基本説明
The chapters cover a wide range of issues and the differences between proceedings against adults and juveniles are highlighted.
Full Description
The book aims to outlinie the fundamental aspects of the German approach to criminal procedure; it 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', also with Hart. 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. As far as it is useful for an introductory text, the 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.
Contents
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)
