Criminal procedural law
The Criminal Procedure Law is formally legal nature and normalized by the Code of Criminal Procedure , procedures for criminal trials. The procedure relies both the collection of charges and the court order opening ahead. The criminal process (including criminal proceedings) in itself serves as a contentious process before the criminal court for judicial decision-making on substantive legal questions of the criminal code after the delinquent breaches a legal norm .
The inquisitorial type of criminal procedure is characterized by the fact that all information necessary for decision-making is compiled by state organs ( official investigation or investigation principle ), which also have coercive measures available.
It is characteristic of the adversarial type of criminal proceedings that - similar to civil proceedings - it is the task of the parties (i.e. the public or private prosecutor and the accused) to collect the information for the decision-making, on the basis of which the court decides as an impartial third party.
In the consensual type of criminal procedure , the procedure is finally settled by the formal submission of the accused to the criminal offer of a state body. This is often an offer negotiated between the state and the accused's side (“ deal ”).
The inquisitorial type of criminal procedure was prevalent in continental Europe for a long time, but has recently also acquired adversarial and above all consensual features.
- Main hearing - according to German criminal procedure law, the core component of every criminal proceeding
- Lexicon of Political Criminal Trials
On the law of criminal procedure in the individual legal systems:
- Criminal Procedure Law (Germany) and Criminal Procedure Code (Germany)
- Criminal Procedure Law (Austria) and Code of Criminal Procedure (Austria)
- Criminal Procedure Law (Switzerland) and Criminal Procedure Code (Switzerland)
- Code of Criminal Procedure (Liechtenstein)
- Criminal Procedure Law (Italy)
- Criminal Procedure Law (United States)
- Craig M. Bradley: Criminal procedure: A worldwide study . Carolina Academic Press, Durham, NC 2007, ISBN 978-1-59460-244-3 .
- Philip L. Reichel: Comparative Criminal Justice Systems: A Topical Approach . 5th edition. Prentice Hall, 2007, ISBN 978-0-13-239254-9 .
- Harry R. Dammer, Jay S. Albanese: Comparative Criminal Justice Systems, International Edition . 4th edition. Cengage Learning Emea, 2010, ISBN 978-0-495-81270-8 .
- Emmanouil Billis: The role of the judge in adversarial and inquisitorial evidence proceedings. Model-theoretical approaches, English and German evidence system, international legal dimensions [The Role of the Judge in Adversarial and Inquisitorial Systems of Criminal Procedure. Theoretical Models, Evidentiary Proceedings in England and Germany, International Dimensions]. Berlin, Duncker & Humblot 2015, ISBN 978-3-86113-804-4
- Ettore Dezza: History of Criminal Procedure Law in the Early Modern Era. An introduction. Springer textbook , 2017. ISBN 978-3-662-53244-7