Criminal procedural law

from Wikipedia, the free encyclopedia

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 .

Procedure types

Comparing the law , three ideal types of criminal proceedings can be identified.

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.

As an alternative to current judicial criminal proceedings, the concept of restorative justice can be mentioned, which represents an alternative form of conflict transformation.

See also

On the law of criminal procedure in the individual legal systems:


  • 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

Individual evidence

  1. Meyer-Goßner : StPO comment , introduction Rn. 2
  2. Thomas Weigend : The Reform of the Criminal Procedure , in: ZStW 1992, 486 (489).