The German Judiciary

Cover The German Judiciary
The German Judiciary
James Wilford Garner
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Digitized by VjOOQ IC 520 POLITICAL SCIENCE QUARTERLY. [Vol. XVIII the jury for crimes, and Schoffen for minor offences. As already mentioned in another connection, the state has in most cases the exclusive right to begin a prosecution, but when an action has once been instituted, private parties are permitted to join in carrying it on. The state-attorneyship (Staatsanwaltschaft), Uke many other German legal institutions, came from France. It was introduced into the Rhenish territories by the F
...rench criminal code of 1808, but only in a restricted sense did it gain a foothold in the other German states before 1848. After that year, in con- nection with pubUc oral procedure and trial by jury, it became a constituent part of the reformed criminal procedure. In some states the public prosecutor had wide and important functions, in others his sphere of activity was greatly limited.^ By the imperial act of 1877, it was provided that in all criminal, divorce, and lunacy proceedings the state should be represented by a public prose- cutor.2 In connection with the imperial court there is a chief attorney-general {Oherreichsanwalt) and one or more attorneys* general (Reichsanwalte).

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