Principles of German Criminal Procedure

Principles of German Criminal Procedure

by Michael Bohlander

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Overview

The book aims to outlinie the fundamental aspects of the German approach to criminal procedure; it is meant as a companion volume to the author's earlier publications, 'The German Criminal Code - A Modern English Translation', and 'Principles of German Criminal Law', also with Hart. In appropriate cases, comparisons to English and Welsh law have been drawn. The chapters cover 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.

Product Details

ISBN-13: 9781847318985
Publisher: Bloomsbury Publishing
Publication date: 02/01/2012
Series: Studies in International and Comparative Criminal Law
Sold by: Barnes & Noble
Format: NOOK Book
Pages: 326
File size: 992 KB

About the Author

Michael Bohlander is Professor of Law at Durham Law School (UK) and the Visiting Chair in Criminal Law at the Rijksuniversiteit Groningen in the Netherlands. From 1991 - 2004 he was a life-tenured judge in the German state judiciary before he joined Durham Law School. From 1999 until 2001 he was the senior legal officer of Trial Chamber II of the International Criminal Tribunal for the Former Yugoslavia. He is the editor-in-chief of the International Criminal Law Review, the General Editor of Studies in International and Comparative Criminal Law and a member of the editorial board of the Journal of Criminal Law. He has published 12 books and monographs and over 110 book chapters, articles, essays, case comments etc.
Michael Bohlander is currently the International Co-Investigating Judge at the Extraordinary Chambers in the Courts of Cambodia. He holds the Chair in Comparative and International Criminal Law at Durham Law School (UK); he was the Visiting Chair in Criminal Law at the Rijksuniversiteit Groningen in the Netherlands from 2010 - 2014. From 1991 - 2004 he was a judge in the German judiciary before he joined Durham Law School. From 1999 until 2001 he served as the senior legal officer of a Trial Chamber of the International Criminal Tribunal for the Former Yugoslavia. He is the General Editor of the International Criminal Law Review, the General Editor of Studies in International and Comparative Criminal Law and a member of a number of editorial and advisory boards. He has published 20 books and monographs and over 150 book chapters, articles, essays, case comments etc.

Table of Contents

1 Introduction
2 Basic Concepts
3 Actors in the Criminal Justice System
4 Pre-trial Investigation
5 From the Decision to Prosecute to Judgment at First Instance
6 Evidence
7 Sentencing and Enforcement-An Overview
8 Appeals and Post-conviction Review
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)

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