Law enforcement

As law enforcement the monopoly of the state to prosecute crimes is called. Law enforcement is carried out in advance by law enforcement agencies such as the prosecutor's office and its investigative personnel during the investigation. Finally, the prosecution is assessed by courts and this finds its completion in the court proceedings.

For these institutions, there is a monopoly to restrict fundamental rights of the offender because of a suspicion initially. There is no prejudice instead ( conjecture ), therefore applies to the final conviction the basis of the presumption of innocence. Here, the rule of law and the law should be applied.

This means that the constitutional obligation is connected to carry out the investigation reasonably brief to either adjust or prosecute ( cf. principle of proportionality ). The offense itself is punishable as prosecuting the innocent.

The law consists mainly of investigations. The criminal claim of the state is not limited by the specific Everyman justifications relief ( § 32 StGB ) or the Everyman arrest law ( § 127 para 1 CCP ). The relief in favor of the state must at all only be applied if the state is impaired in its ability to function and help is not otherwise attainable. The Everyman detention law is applicable only in objectively given crime and requires the immediate use of government support.

After indictment, the prosecution alone justice through judgment, attitude towards payment or conditions or acquittal is reserved. With the conviction, the sentence execution begins.

Member of Parliament have immunity from prosecution, but this can be overridden by the Bundestag.

Preliminary proceedings

The law enforcement agency is here according to the principle of legality. Mistress of the proceedings in the prosecution, the public prosecutor. The police is also part of the law enforcement agencies (enforcement of § 163 Code of Criminal Procedure task ) in conjunction with the appropriate police law. Both are bound by instructions. The prosecutor acts according to the instructions of the employer. The police act as Strafverfolgungsbhörde accordance with the instructions of the lead prosecutor (if the prosecution an authority of a federal state is ).

In the investigation of the " criminal claim of the State" shall be deemed maxim for legally standardized measures against the suspect, accused or accused.

Court

Limitation on the prosecution in violation of the law ( § 339 StGB)

The Federal Court has developed a set of principles that restrict the prosecution in the case of violation of the law. On this basis, it has acquitted all Nazi judge of charges of perversion of justice with repercussions in the present, see Egon Schneider in the magazine for the law practice (ZAP ) 2006, page 305 ( ISSN 0936-7292 ). The professors Bemmann / Seebode / Spendel have already submitted a proposal in 1997 to a necessary law reform perversion of justice, see Journal of Law and Politics ( ZRP ) 1997, page 307, the legislature is not be discussed.