The German Prosecution Service
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The German Prosecution Service
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Author : Shawn Marie Boyne
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-11-19
The German Prosecution Service written by Shawn Marie Boyne and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-19 with Law categories.
Acclaimed as the "the most objective prosecutors in the world", the German prosecution service has long attracted the attention in the past of comparative law scholars. At first glance, the institutional position and statutory mandate of German prosecutors indicate that that reputation is well-deserved. Unfortunately, the introduction of charge-bargaining has opened the door to criticism that German prosecutors have abandoned their role of objective decision-makers. Using interview data collected from interviews with German prosecutors themselves as well as quantitative data, the book uses the actual voices of German prosecutors to show how real-world constraints, rather than changes in the law, undermine the ability of German prosecutors to objectively seek the truth. The book will take readers behind closed doors where prosecutors discuss case decisions and unveil the realities of practice. As a result, it will critically revise previous studies of German prosecution practices and offer readers a well-researched ethnographic analysis of actual German decision-making practices and the culture of the prosecution service. Unlike prosecutors in America's adversarial system, whom critics claim are driven by a "conviction-mentality" and gamesmanship, German prosecutors are institutionally positioned to function as (at least semi-)judicial officials dedicated to finding a case's objective truth. The book argues that, organizational incentives and norms, rather than the boundaries of the law determinately shapes how prosecutors investigate and prosecute crime in Germany.
Public Prosecutors In The United States And Europe
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Author : Gwladys Gilliéron
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-04-14
Public Prosecutors In The United States And Europe written by Gwladys Gilliéron and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-14 with Law categories.
This research examines the role of prosecutors within the United States and in Switzerland and is completed by an overview of the prosecution institutions in France and Germany. The research recognizes that despite seemingly very different legal traditions and structures, prosecutors in these systems are similar enough that each system might learn from the others. Drawing upon the experiences of other nations, this research proposes solutions to the problems identified in connection with the position and powers of public prosecutors in the United States. Furthermore, it outlines the problems related to the increase of prosecutorial power and the lessons the European criminal justice systems surveyed can draw from the experience in the US. In terms of methodology, this research not only considers formal legal provisions but also systematic structural factors, academic literature and statistics revealing how the law and governing principles actually work in practice.
European Public Prosecutor S Office
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Author : Hans-Holger Herrnfeld
language : en
Publisher: Nomos/Hart
Release Date : 2020-12-24
European Public Prosecutor S Office written by Hans-Holger Herrnfeld and has been published by Nomos/Hart this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-24 with Law categories.
ThIS commentary on the EPPO Regulation is intended to guide practitioners – within EPPO as well as in the national prosecution services and law enforcement agencies, courts, and law offices – in the interpretation of the Regulation. By providing an in-depth analysis of the intricate interplay of the Regulation's provisions and their legal and practical context, it will also provide a valuable source for further academic research on individual aspects relating to the EPPO. In addition, the commentary will assist political decision-makers in assessing the practical implementation of the EPPO Regulation by clarifying its relations to national law and national judicial and law enforcement authorities.
Prosecutors And Democracy
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Author : Máximo Langer
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26
Prosecutors And Democracy written by Máximo Langer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-26 with Law categories.
The first sustained, scholarly examination of the relationship between prosecutors and democracy from a cross-national, cross-disciplinary perspective. Written by a team of internationally distingushed contributors, this is an ideal resource for legal scholars and reformers, political philosophers, and social scientists.
German Code Of Criminal Procedure
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Author : ANONIMO
language : en
Publisher: Fred B Rothman & Company
Release Date : 1965-12
German Code Of Criminal Procedure written by ANONIMO and has been published by Fred B Rothman & Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1965-12 with Social Science categories.
Goes beyond a mere literal translation of the code of criminal procedure by supplying the reader with relevant provisions of the German Constitution and from the Court of Organization Law. In addition, numerous comments to individual sections have been added by the translator.
Core Concepts In Criminal Law And Criminal Justice
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Author : Kai Ambos
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-16
Core Concepts In Criminal Law And Criminal Justice written by Kai Ambos and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-16 with Law categories.
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Performance Of The Prosecution Services In Latvia A Comparative Study
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Author : OECD
language : en
Publisher: OECD Publishing
Release Date : 2021-01-11
Performance Of The Prosecution Services In Latvia A Comparative Study written by OECD and has been published by OECD Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-11 with categories.
Latvia has embarked on an ambitious agenda to tackle the challenges posed by complex types of criminality to public prosecution services, with particular emphasis on economic and financial crimes. This report carries out a benchmark analysis of Latvia’s prosecution practices along with those in ten OECD member countries, international good practices and the experience of globally renowned prosecution experts.
Powers Of The Prosecutor In Criminal Investigation
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Author : Karolina Kremens
language : en
Publisher: Routledge
Release Date : 2021-03-26
Powers Of The Prosecutor In Criminal Investigation written by Karolina Kremens and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-26 with Law categories.
This comparative analysis examines the scope of prosecutorial powers at different phases of criminal investigation in four countries: the United States, Italy, Poland, and Germany. Since in all four the number of criminal cases decided without trial is constantly increasing, criminal investigation has become central in the criminal process. The work asks: who should be in charge of this stage of the process? Prosecutors have gained tremendous powers to influence the outcome of the criminal cases, including powers once reserved for judges. In a system in which the role of the trial is diminishing and the significance of criminal investigation is growing, this book questions whether the prosecutor's powers at the early stage of the process should be enhanced. Using a problem-oriented approach, the book provides a parallel analysis of each country along five possible spheres of prosecutorial engagement: commencing criminal investigation; conducting criminal investigation, undertaking initial charging decisions; imposing coercive measures; and discontinuing criminal investigation. Using the competing adversarial–inquisitorial models as a framework, the focus is on the prosecutor as a crucial figure in the criminal process and investigation. The insights of this book will be of interest and relevance to students and academics in criminal justice, criminology, law, and public policy, as well as policymakers, government officials, and others interested in legal reform.
Coping With Overloaded Criminal Justice Systems
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Author : Jörg-Martin Jehle
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-11-22
Coping With Overloaded Criminal Justice Systems written by Jörg-Martin Jehle and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-11-22 with Law categories.
This book describes the results of a six-nation study of how criminal justice agencies in England and Wales, France, Germany, Netherlands, Poland, and Sweden have reacted to high crime rates and punitiveness. The book details how various solutions have been adopted, involving diversion of cases from courts, increases in financial penalties imposed by police or prosecutors without full court hearings and the introduction in some countries of "administrative offences".
The Evolving Role Of The Public Prosecutor
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Author : Victoria Colvin
language : en
Publisher: Routledge
Release Date : 2018-09-24
The Evolving Role Of The Public Prosecutor written by Victoria Colvin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-24 with Social Science categories.
The modern public prosecutor is a figure both powerful and enigmatic. Legal scholars and criminologists often identify “three essential components” of criminal justice systems: police, courts and corrections. Yet increasingly, the public prosecutor occupies a distinct role independent from any of these branches. Acting outside of the court, and therefore largely out of the public eye, the prosecutor’s control over whether and what charges proceed to court can limit judicial discretion on sentencing, open pathways to alternative measures and even deny entry into the criminal justice system entirely. In this sense the prosecutor serves as a true “gatekeeper” to the criminal process. This book addresses key aspects of the evolving role of domestic and international prosecutors in common law and civil law systems in the twenty-first century, and the challenges posed by this evolution. This collection of chapters from respected scholars takes an international, comparative approach and explores how these different legal systems have borrowed theorisations and articulations of the prosecutorial role from each other in adapting the office to changing conditions and expectations. The volume is structured around four main themes relating to the role of the modern prosecutor: the nature of the prosecutor’s office, the role of the prosecutor in investigations, prosecutorial discretion and how it is exercised, and politicisation and accountability of prosecutors. This book is essential for scholars and students in criminal justice, pre-law/legal studies, criminology, justice studies and political science, and is useful as a resource for those interested in legal change around the world.