How many cases can a public prosecutor handle?
Public prosecutor's office: job description at a glance
The Public prosecutor always comes into play when it comes to Offenses or potential criminal offenses, such as theft, traffic offenses, sexual offenses, homicides or the like.
Does she gain knowledge of suspicious facts and circumstances, will be on the part of the prosecutor determined.
But what exactly is a Public prosecutor actually? Which tasks does he or she perceive? When does the public prosecutor's office determine and how does it come in? Criminal proceedings from? In this counselor get the reply to these and other questions.
FAQ: Public Prosecutor's Office
Here you can read what a prosecutor is and what requirements you have to meet to become a prosecutor.
The public prosecutor's office can initiate and supervise investigative proceedings. If the case comes before a judge, the prosecution takes over the indictment.
The public prosecutor's office can be broken down into many sub-areas. You can find out what exactly these are here.
As prosecutors in Germany the chief prosecutor referred to in court. Unlike in the Civil litigation So the function of the plaintiff is not a citizen, but the Country.
Only someone who can become a public prosecutor in Germany Qualification for the office of judge Has. These will be obtained by people who have the first and second state law exams and also the Preparatory service (legal clerkship) have successfully completed. They are also referred to as fully qualified lawyers or Lawyers.
The prosecutor is as independent prosecution an organ of Administration of justice. She is responsible for that Prosecution and -enforcement.
What does the public prosecutor do?
The prosecutor is on the one hand Investigative authority, on the other hand Prosecution. The following are the tasks of the public prosecutor in the respective Procedural situations explained.
Public prosecutor's office as investigative authority
One of the tasks of the public prosecutor's office is, first of all, everyone Suspicion to investigate a criminal offense. Get it Knowledge about a potential criminal offense, due to a criminal complaint or in another way, and this results in a so-called Initial suspicion, is the prosecutor ex officio obliged to determine. To that extent it is Investigative authority.
If there is such an initial suspicion, the public prosecutor's office conducts the so-called Preliminary investigation a.
In this context, the Investigations by the public prosecutor's office and the police guided. It is checked whether the initial suspicion is a so-called sufficient suspicion condensed.
A sufficient suspicion is an im Compared to the initial suspicion higher suspicion level. It is to be answered in the affirmative if, after the preliminary assessment of the Evidence a conviction of the accused as probably applies.
The public prosecutor's office is always involved in their investigations committed to objectivitywhich means that not only do they raise suspicion, stressful circumstances checked, but also the relieving. The public prosecutor's office is therefore also colloquially called "the most objective authority in the world" designated.
Furthermore, the term "Mistress of the preliminary investigation“Application, for you the management is incumbent this stage of the procedure.
In practice, a large part of the investigative work is carried out by the police carried out. The prosecution itself has as good as no organs of their own to execution of the investigation.
There are various reasons for hiring, from which the public prosecutor's office can set an investigation, on the one hand in the absence of sufficient suspicion within the meaning of § 170 Code of Criminal Procedure (short: StPO), on the other hand because of Insignificance according to § 153 StPO. In the case of insignificance, proceedings that have an offense as the subject matter can be discontinued, provided that the culprit's guilt is to be regarded as minor and no public interest persists in criminal prosecution.
The public prosecutor then needs that Consent of the court, which is for the opening of the Main proceedings was responsible.
Furthermore, there is also an offense Setting option in the sense of § 153a StPO against Conditions and instructionsprovided that the culprit's guilt does not preclude this.
Here too, the public prosecutor needs the approval of the person responsible for opening the main proceedings Court.
Function as prosecution
The public prosecutor's office arrives on the other hand at the end of the investigation to the conclusion that a sufficient suspicion is justified, it raises the public lawsuit. Alternatively, it can also carry out a penalty warrant procedure. From that moment on, the Accused as accused designated.
A penal order procedure only applies Offense into consideration. This is a simplified process to cope with minor crime. The penal order procedure relieves both the Public prosecutor as well as that dish.
Importance of the principle of legality
This in Germany applicable Principle of legality specifies that the prosecutor ex officio is obliged to determine as soon as a corresponding Initial suspicion is justified. The public prosecutor's office therefore does not take on its tasks on application true and simply cannot at will stay inactive.
There is an exception to the principle of legality for so-called absolute claim offenses. Such is, for example, the fact of trespassing, legally standardized in § 123 of the Criminal code (short: StGB). The counterpart to the application offense is the so-called Official offense, which is being prosecuted ex officio by the public prosecutor's office.
Unless the tasks be injured by a public prosecutor to the effect that he, in spite of the Initial suspicion one Official offense does not act, he even makes himself punishable. Relevant here is the fact of Thwarting punishment in office. This is regulated in Section 258a of the Criminal Code. There is a threat of imprisonment from six months to five years. In less severe cases, a Fine or imprisonment for up to three years.
The principle of legality is also supported by the possibility of a Compulsory Lawsuit Procedure. It is regulated by law in Section 172 of the Code of Criminal Procedure and offers the possibility of having a procedure reviewed by a court, which may be wrongly carried out by the public prosecutor's office set has been.
The right to one Request in the Compulsory Lawsuit Procedure to ask, is available exclusively to that Violating a crime to. He has two weeks off for that delivery of the decision in which the public prosecutor's office opposite him Suspension of the investigation is communicated.
First of all, the decides Attorney General about the complaint (= so-called Preliminary complaint or Recruitment complaint) of the injured. If this remains unsuccessful, you can within a month a judicial decision at the competent Higher Regional Court be requested.
The principle of opportunity as an important principle
The principle of legality is broken by the so-called Opportunity principle. This allowed the public prosecutor at less fault or in the event of additional, more serious criminal offenses, the termination of the proceedings.
The Opportunity principle stands the police not to.
Organization of the Public Prosecutor's Office
The legal basis of the Organization and work the public prosecutor's office forms in addition to the already mentioned Code of Criminal Procedure the Courts Constitution Act (short: GVG).
In addition to the public prosecutor, the profession of Public prosecutor as well as that of the Rechtspfleger to mention. They are too Part of the organization one Public prosecutor. A public prosecutor performs certain tasks of a public prosecutor, mainly in the area of small and medium crime.
Are Rechtspfleger civil servants with specialist legal qualifications of the upscale Judicial service. They are both on Courts as well as at Public prosecutor's offices active and take away from them through the Rechtspflegergesetz (short: RPflG) fulfills the assigned tasks, including the Prosecution affect.
In contrast to a judge who in his Judgment is independent, a public prosecutor is definitely in his duties bound by instructions. The public prosecutor's office is there hierarchical built up. At the top is a senior public prosecutorwho, in turn, is a Attorney General is subordinated. The attorney general, for his part, is the one Ministry of Justice subordinated.
From bottom to top insist on the Hierarchy level Reporting requirements and determined from top to bottom Authority to issue instructions.
Internal organization of the authority
There is one within a prosecutor's office own structure. There are subdivisions into different Departments instead of. There is always a Chief Public Prosecutor as Head of department active.
Depending on Scope and size the field of activity is a specific one Number of prosecutors active in the respective department. The departments are usually after Offense groups Cut. For example, there is a department for Capital offenses, For Sexual offenses, For White-collar crime or for Juvenile delinquency.
Stand above the prosecutor's office hierarchical consider the Attorneys Generalwhich are set up at the higher regional courts. Sometimes you practice that Service and technical supervision via the respective public prosecutor's office in their district out. This results from § 147 No. 3 GVG.
Furthermore, they take on the tasks of the public prosecutor's office towards the Higher regional courts true and sometimes have an impact on decisions Revisions against judgments of the Local and regional courts With.
The Attorney General atFederal Court of Justice(short: GBA) is the public prosecutor of the Federal. He also directs that of him managed authority, which also bears the designation “Federal Prosecutor General at the Federal Court of Justice”. Colloquially, the authority is also called "Federal Prosecutor's Office" designated.
The Attorney General is for everyone Criminal proceedingsthat land at the Federal Court of Justice as well as for a large number State security offenses responsible, also for the prosecution of crimefrom the field of International criminal law.
According to § 149 GVG, the Federal Public Prosecutor is appointed on the proposal of the Federal Minister the Justice and consumer protection appointed. It takes the approval on the part of the Federal Council.(61 Ratings, average: 4,48 of 5)
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