NCJ Number
28961
Date Published
1975
Length
5 pages
Annotation
DISCUSSION OF CURRENT PRACTICE IN THE DIVISION OF RESPONSIBILITY BETWEEN PUBLIC PROSECUTOR AND POLICE IN THE INVESTIGATION OF CRIMINAL OFFENSES IN WEST GERMANY, WITH SUGGESTIONS FOR FUTURE POLICE IN THIS RESPECT.
Abstract
THE CRIMINAL PROCEDURE LEGISLATION IN FORCE DATES FROM 1877. IT GIVES THE PUBLIC PROSECUTOR FULL RESPONSIBILITY FOR THE INVESTIGATION, ALTHOUGH IT IS ACTUALLY CARRIED OUT BY THE POLICE. THE GERMAN SYSTEM DIFFERS FROM THE ANGLO-AMERICAN ADVERSARY SYSTEM IN THAT THE PUBLIC PROSECUTOR IS UNDER OBLIGATION TO LOOK FOR EVIDENCE FAVORABLE TO THE ACCUSED AS WELL AS UNFAVORABLE EVIDENCE. ANY NEW LEGISLATION AIMED AT DEFINING THIS RELATIONSHIP BETWEEN PUBLIC PROSECUTOR AND POLICE SHOULD MAKE SURE THAT CLOSE COOPERATION BETWEEN THE TWO ON THE BASIS OF MUTUAL TRUST IS GUARANTEED. THE AUTHOR SAYS THAT THE IDEAL IS FOR THE PUBLIC PROSECUTOR AND THE POLICE TO WORK TOGETHER AS PARTNERS. --IN GERMAN