Question of fact
The finding of fact referred to in the Code of Criminal Procedure in the United States, the intermediate proceedings of the three -part Rules of Procedure of investigation, intelligence and criminal proceedings. Such an intermediate process under German law being unknown.
After the initial investigation by the police and prosecutor's office filed a lawsuit is filed, the free proofs are tested in a formal interim procedures whereby further evidence be taken in the course of the proceedings by request of the parties. Depending on the circumstances of the proceedings a credibility we expect as results of evidence, it was " more likely than not " (most likely) or "beyond reasonable doubt " ( beyond any doubt ). At the end of the interim proceedings is an interlocutory judgment, which is "finding of fact " (literally " fact-finding " ) is a " proof of judgment ", which contains no sentence. In a subsequent criminal case will be decided on the question of the violation of the law and with a "finding of law" (literally " law -finding " ) answered that the real " criminal conviction " represents.
To illustrate the difference between knowledge and criminal proceedings, the following questions may help to illustrate:
- Facts question ( question of fact ): Did Mr. and Mrs. Meier her 10 - year-old child for four days alone with the baby at home?
- Laws question ( question of law ): Does this credible proof finding the offense of child neglect?
The finding of fact as "finding of fact " is often translated into German misleading (it means yet another ), still contains in itself so no accusation of guilt. The subsequent criminal proceedings, however, it serves as a basis to decide on the severity of a violation of the law. In the U.S., the evidence judgment can be very difficult challenged before a court of appeal, as the credibility of evidence is to be assessed according to a well-established standard, the challenge is hardly noticed.
The verdict then contains the weighing of the evidence with the legal requirements, while also former Judge contraptions like to be carried forward to similar evidence ( "case law" ). The judge here has a considerable discretion in assessing a breach of the law and the nature of the conclusions drawn from punishment. In many cases, however, no later than the end of the intermediate process on the basis of evidence judgment an agreement of plaintiff and defendant found ( Plea Bargaining ), as a result of the plaintiff ( prosecutor ) a somewhat low penalty is proposed to the court and the defendant of the alleged misconduct immediately recognizes guilty.