District Attorney
A public prosecutor in Germany is a civil servant in a special career in the senior judicial service who performs certain tasks of a public prosecutor .
Jurisdiction
The jurisdiction of the public prosecutor is based on Section 142, Paragraph 1, No. 3 and Paragraph 2 of the Courts Constitution Act as well as the - depending on the state in detail - the order on the organization and operations of the public prosecutor's office (OrgStA) . After that, he is primarily active in offenses such as theft , fraud , bodily harm or traffic offenses , i.e. in the area of small and medium-sized crime . Among other things, the public prosecutor has to lead the investigations, bring charges and represent the public prosecutor in court. While in most federal states the district attorney's jurisdiction is limited to proceedings before the criminal judge , in Baden-Württemberg and now in Hamburg (after a so-called "overhearing" by the head of the authority) he can also appear before the lay judge's court . As a result, a public prosecutor is also involved in crimes such as arson, perjury, and sexual offenses.
organization
Public prosecutors are mainly assigned to the public prosecutor's offices. Only in Berlin and Frankfurt am Main is there an independent public prosecutor's office alongside the public prosecutor's office. The Free State of Bavaria seldom makes use of the option to appoint public prosecutors to the public prosecutor's offices. Local attorneys are also to be hired in Saxony soon.
Conditions of appointment
As a rule, law enforcement officers who have completed additional training are appointed as public prosecutors . In North Rhine-Westphalia, this lasts 15 months, of which the first four months take place centrally at the North Rhine-Westphalia University of Applied Sciences in Bad Münstereifel , the subsequent nine-month practical part at the home authority (public prosecutor's office). The exam consists of a written (four exams) and an oral part. At the Fachhochschule für Rechtspflege North Rhine-Westphalia , training takes place across national borders for 13 federal states. Fully qualified lawyers are also being employed in Hamburg.
Public lawyers ( salary group A 12) can be promoted to senior official (A 13) and (in Baden-Württemberg, Hamburg and Berlin) to senior official (A 14 or A13 with allowance in Hamburg). In Hesse, you can be promoted to a senior official with a supplement (A13Z).
Legal trainees can be entrusted with performing the duties of a public prosecutor in accordance with Section 142 (3) of the GVG, which is widely used in practice. This means that instead of a public prosecutor in the sessions before the criminal judge, legal trainees can also act independently as representatives of the public prosecutor's office. They have the same rights and obligations at the meeting, but based on internal instructions they are only allowed to carry out certain procedural acts after consulting the prosecuting attorney. A violation of these instructions only leads to internal disciplinary measures, but does not affect the external validity of the action. Any consent given in violation of instructions to cessation of criminal proceedings or a waiver of legal remedies remains effective.
Public prosecutors and trainee lawyers in this activity wear either a public attorney's robe , which apart from a somewhat narrower velvet corresponds to the robe of the public prosecutor, or the normal, broad robe of the public prosecutor, depending on the region.
Advocacy groups
In terms of trade unions, local attorneys, as well as judges and public prosecutors, are represented in the United Services Union or in the German Association of Officials .
Another professional representation of the district attorneys is the Deutsche Amtsanwaltsverein e. V.
Web links
Individual evidence
- ^ Website of the Berlin Public Prosecutor's Office
- ^ Website of the Frankfurt am Main public prosecutor's office
- ↑ https://www.medienservice.sachsen.de/medien/news/200668
- ^ Job profile of the public prosecutor ( Memento from April 2, 2013 in the Internet Archive )
- ↑ http://justiz.hamburg.de/sta-berufseinstieg/8272992/antsanwaelte/
- ^ Website of the Amtsanwaltsverein e. V.
