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The public prosecution's role in criminal proceedings under the rule of law: legal situation in Germany with comparative law remarks on UK and USA


Krey, Volker

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Corporate Editor Institut für Rechtspolitik an der Universität Trier
Abstract "Analyzing the role of Germany as a law-exporting nation the essay deals with a very specific aspect of the Rule of Lawprinciple in criminal proceedings. The author describes the division of functions among police, public prosecution and criminal courts within criminal law enforcement in Germany adding some comparative law remarks. He furthermore provides an overview of structure and organization of the public prosecution in Germany. He focuses on the relationship and interaction between public prosecution and police in preliminary proceedings emphazising the importance of both being allocated in different ministries of the executive branch. Thus he points out yet another aspect of the constitutional principle of the Rule of Law: the role of public prosecution as guardian of the law towards the police in criminal proceedings." (author's abstract)
Keywords District Attorney's Office; prosecution; constitutional state; criminal proceedings; Federal Republic of Germany; United States of America; Great Britain; legal comparison; criminal procedure; executive power
Classification Judiciary; Law
Document language English
Publication Year 2009
City Trier
Page/Pages 28 p.
Series Rechtspolitisches Forum, 46
ISSN 1616-8828
Licence Deposit Licence - No Redistribution, No Modifications
data provider This metadata entry was indexed by the Special Subject Collection Social Sciences, USB Cologne