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Principles of German criminal procedure / Michael Bohlander.
- Format:
- Book
- Author/Creator:
- Bohlander, Michael, 1962- author.
- Series:
- Studies in International and Comparative Criminal Law
- Studies in International and Comparative Criminal Law.
- Language:
- English
- Subjects (All):
- Criminal procedure--Germany.
- Criminal procedure.
- Physical Description:
- 1 online resource (384 pages).
- Edition:
- Second edition.
- Place of Publication:
- Oxford, England ; New York, New York : Hart Publishing, [2021]
- Summary:
- "The new edition of this seminal text outlines the fundamental aspects of the German approach to criminal procedure. It explores 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."-- Provided by publisher.
- Contents:
- Intro
- Preface
- Summary Contents
- Contents
- List of Abbreviations
- 1. Introduction
- Scope of the Book
- German Materials Used
- Historical Development
- Mode of Citation
- Chapter Overview
- 2. Basic Concepts
- Introduction: Germany as an Inquisitorial System
- The Applicable Law
- The Stages of Procedure
- Juvenile Courts
- Terminological Issues
- The Major Procedural Maxims: An Overview
- 3. Actors in the Criminal Justice System
- Courts and Judges
- The Prosecution
- The Defence
- The Police
- Victims
- Court Support Services: Gerichtshilfe, Jugendgerichtshilfe and Bewährungshilfe
- The Clerk of the Court
- 4. Pre-trial Investigation
- Introduction
- Initiation of the Investigations
- Intrusive Measures During Investigation
- Interrogation of the Suspect
- 5. From the Decision to Prosecute to Judgment at First Instance
- The Decision to Prosecute
- The Trial
- The Judgment: The Urteil
- Special Procedures
- 6. Evidence
- Means of Evidence: Strict Form of Proof
- General Rules of Evidence
- 7. Sentencing and Enforcement: An Overview
- Sentencing Principles under the Criminal Code: Adult Proceedings
- Sentencing Principles under the Juvenile Courts Act
- The Arsenal of Penalties and Early Release: Adult and Juvenile Proceedings
- The Two-track Sanctions Model (Zweispurigkeit): Measures of Rehabilitation and Incapacitation
- 8. Appeals and Post-conviction Review
- Appeals: General Rules
- Individual Modes of Appeal
- Post-Conviction Review
- Grounds for Review
- Procedure
- 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)
- Index.
- Notes:
- Description based on print version record.
- Includes index.
- ISBN:
- 9781509935352
- 1509935355
- 9781509935345
- 1509935347
- OCLC:
- 1233023511
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