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Public Prosecutor's Office (Germany)
{{more citations needed, date=May 2020 The Staatsanwaltschaft, is the public prosecutor's office in Germany. They are the offices of the public prosecutors which are criminal justice bodies attached to the judiciary but separate from the courts. In Germany, the police have an obligation to investigate every single crime reported and subsequently send all investigations to the ''Staatsanwaltschaft''. The public prosecutor, the ''Staatsanwalt'' ( state attorney), reviews the findings of the police and decides whether to indict the accused or halt the proceedings. The prosecutor's office has (in theory) the duty to investigate and pursue any matter in its jurisdiction as soon as it learns that a criminal offence may have been committed (''Legalitätsprinzip''). However, there are some offences which require the victim to explicitly request prosecution (''Antragsdelikt''), other cases may be dropped due to "small guilt" or "non-importance" or the complainant may be told to prosecute on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Staatsanwaltschaft München I - Dienstgebäude Außen
Public prosecutor's offices are criminal justice bodies attached to the judiciary. They are separate from the courts in Germany, Austria and the German-speaking parts of Switzerland, and are called the Staatsanwaltschaft. This kind of office also exists in Mainland China, Taiwan and Macau (which continues to follow the Portuguese legal system), and in some countries in Central Europe including Slovakia, Slovenia, Poland and the Czech Republic. See also * Prosecution * Parquet (legal) * Public prosecutor's office (Germany) * Public Prosecutors Office (Japan) * Public Prosecutors Office (Brazil) * Public Prosecutors Office (Honduras) * Crown Prosecution Service The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions. The main responsibilities of the CPS are to provide legal adv ... External links Eurojustice Report on GermanyEurojustice Report on Austr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Search Warrant
A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, a search warrant cannot be issued in aid of civil process. Jurisdictions that respect the rule of law and a right to privacy constrain police powers, and typically require search warrants or an equivalent procedure for searches police conducted in the course of a criminal investigation. The laws usually make an exception for hot pursuit: a police officer following a criminal who has fled the scene of a crime has the right to enter a property where the criminal has sought shelter. The necessity for a search warrant and its abilities vary from country to country. In certain authoritarian nations, police officers may be allowed to search individuals and property without having to obtain court permission or provide justification for their act ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Enforcement In Germany
Law enforcement in Germany is constitutionally vested solely with the states, which is one of the main features of the German political system. Policing has always been a responsibility of the German states even after 1871 when the country was unified. The 1919 constitution of the Weimar Republic did provide for the possibility of creating a national police force, should the necessity arise, but it was only in the Nazi era that state police forces were unified under central control and a national police force created (the Reich Security Main Office—''Reichssicherheitshauptamt'', or RSHA). The police became a tool of the centralized state and the Nazi party. Following the defeat of 1945, Germany was divided; in 1949 the three western zones were turned into the new West Germany, while the Soviet zone became East Germany. Each country pursued a different path concerning law enforcement. In light of the gross misuse of power by the centralized Nazi state, the new West German co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Prosecutor's Office
Public prosecutor's offices are criminal justice bodies attached to the judiciary. They are separate from the courts in Germany, Austria and the German-speaking parts of Switzerland, and are called the Staatsanwaltschaft. This kind of office also exists in Mainland China, Taiwan and Macau (which continues to follow the Portuguese legal system), and in some countries in Central Europe including Slovakia, Slovenia, Poland and the Czech Republic. See also * Prosecution * Parquet (legal) * Public prosecutor's office (Germany) * Public Prosecutors Office (Japan) * Public Prosecutors Office (Brazil) * Public Prosecutors Office (Honduras) * Crown Prosecution Service The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions. The main responsibilities of the CPS are to provide legal adv ... External links Eurojustice Report on GermanyEurojustice Report on Austr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parquet (legal)
The is the office of the prosecution, in some countries, responsible for presenting legal cases at criminal trials against individuals or parties accused of breaking the law. Office The word literally means " wooden floor"; this is because, as opposed to the judges, who sit on an elevated platform during trials, the prosecution pleads standing on the floor. This also explains why the judges are sometimes referred to as "sitting magistrates" () or "magistrates of the bench" () while the prosecutors are sometimes referred to as "standing magistrates" (). In France, the is the public prosecutor's office of the appellate court () or the Supreme Court (). In Brazil, the prosecutor's office, the "Public Ministry" (), is metonymically referred to as the ''parquet''. In Romania, the prosecutor's office, the "Public Ministry" (), is also called the () and is allocated to a certain court at the local or national level. In Dutch, the word ''parquet'' is translated as and it is also ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a Criminal law, criminal jury trial, trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been Admission to the bar, admitted to the bar, or obtained a comparable qualification where available - such as Solicitor advocate, solicitor advocates in English law, England and Wales. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grundgesetz
The Basic Law for the Federal Republic of Germany (german: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany. The West German Constitution was approved in Bonn on 8 May 1949 and came into effect on 23 May after having been approved by the occupying western Allies of World War II on 12 May. It was termed "Basic Law" (german: Grundgesetz) to indicate that it was a provisional piece of legislation pending the reunification of Germany. However, when reunification took place in 1990, the Basic Law was retained as the definitive constitution of reunified Germany. Its original field of application (german: Geltungsbereich)—that is, the states that were initially included in the Federal Republic of Germany—consisted of the three Western Allies' zones of occupation, but at the insistence of the Western Allies, formally excluded West Berlin. In 1990, the Two Plus Four Agreement between the two parts of Germany and all four All ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Presumption Of Innocence
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact (a judge or a jury). If the prosecution does not prove the charges true, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted. The opposite system is a presumption of guilt. In many countries and under many legal systems, including common law and civil law systems (not to be confused with the other kind of civil law, which deals with non-criminal legal issues), the presumption of innocence is a legal right of the accused in a criminal trial. It is also an international human right under the UN's Universal Declaration of Human Rights, Article 11. Hist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Dubio Pro Reo
The principle of ''in dubio pro reo'' (Latin for "henin doubt, rule for the accused") means that a defendant may not be convicted by the court when doubts about their guilt remain. The rule of lenity is the doctrine that ambiguity should be resolved in favor of the more lenient punishment. To resolve all doubts in favor of the accused is in consonance with the principle of presumption of innocence. Origin The main principle in the sentence was part of Aristotle's interpretation of the law and shaped the Roman law: ''Favorabiliores rei potius quam actores habentur'' ('' Digest'' of Justinian I, D.50.17.125), meaning "The condition of the defendant is to be favored rather than that of the plaintiff." However, the phrase was not spelled out word for word until the Milanese jurist Egidio Bossi (1487–1546) related it in his treatises. National peculiarities In German law, the principle is not normalized but has constitutional status and is derived from Article 103(2) of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
White-collar Crime
The term "white-collar crime" refers to financially motivated, nonviolent or non-directly violent crime committed by individuals, businesses and government professionals. It was first defined by the sociologist Edwin Sutherland in 1939 as "a crime committed by a person of respectability and high social status in the course of their occupation". Typical white-collar crimes could include wage theft, fraud, bribery, Ponzi schemes, insider trading, labor racketeering, embezzlement, cybercrime, copyright infringement, money laundering, identity theft, and forgery. White-collar crime overlaps with corporate crime. Definitional issues Modern criminology generally prefers to classify the type of crime and the topic: *By the type of offense, e.g., property crime, economic crime, and other corporate crimes like environmental and health and safety law violations. Some crime is only possible because of the identity of the offender, e.g., transnational money laundering requires the par ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Prosecutor's Office
Public prosecutor's offices are criminal justice bodies attached to the judiciary. They are separate from the courts in Germany, Austria and the German-speaking parts of Switzerland, and are called the Staatsanwaltschaft. This kind of office also exists in Mainland China, Taiwan and Macau (which continues to follow the Portuguese legal system), and in some countries in Central Europe including Slovakia, Slovenia, Poland and the Czech Republic. See also * Prosecution * Parquet (legal) * Public prosecutor's office (Germany) * Public Prosecutors Office (Japan) * Public Prosecutors Office (Brazil) * Public Prosecutors Office (Honduras) * Crown Prosecution Service The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions. The main responsibilities of the CPS are to provide legal adv ... External links Eurojustice Report on GermanyEurojustice Report on Austr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
