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SECTION II - Basic Principles

Document Cited authorities 1 Cited in Related
VerfasserK. Neumann
Amt des AutorenSir
Seiten140

  1. Accusatory form (Anklageform).

    As mentioned above, criminal proceedings may be conducted either in inquisitorial or in accusatory fashion. In the former case the judge investigates the facts ex officio and pronounces judgment; in the latter case the judge has no functions until a charge has been brought by the public prosecutor, when he must decide on the merits of.the charge. Under the inquisitorial system only two persons are concerned, viz. the judge and the accused, whereas in accusatory proceedings there are three: the judge, the prosecutor, and the accused. In German criminal procedure as it is to-day, the accusatory system prevails, as in England it has superseded the inquisitorial form, because any inquisitorial activity on the part of the judge would seem to conflict with his obligation to observe impartiality. But, again as in England, unlike the claimant in a civil case, the prosecutor may show no bias; he cannot abandon proceedings in his own discretion, nor is the court bound by his applications. On the other hand, some of his powers exceed by far the latitude allowed to the parties in a civil cause; he can order the police to assist him or to undertake investigations on his behalf;

    he can arrest suspected persons and carry out searches. His adversarythe accused-has far...

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