Produktdetaljer
Biografisk notat
Michael Bohlander is the International Co-Investigating Judge at the Extraordinary Chambers in the Courts of Cambodia and a judge at the Kosovo Specialist Chambers. He holds the Chair in Comparative and International Criminal Law at Durham Law School, United Kingdom.The new edition of this seminal text outlines the fundamental aspects of the German approach to criminal procedure. It explores a wide range of issues from setting out the basic procedural principles to presenting the main players in the criminal justice system, pre-trial investigations, the path from indictment to trial judgment, rules of evidence, sentencing, and appeals and post-conviction review. As far as it is useful for an introductory text, the differences between proceedings against adults and juveniles are highlighted.
The theoretical discussion of decision-making and style of judgment writing is supported by practical insights through specimen translations of an indictment, a trial judgment and an appellate judgment by the Federal Court of Justice.
Summary of Contents
1. Introduction
2. Basic Concepts
3. Actors in the Criminal Justice System
4. Pre-trial Investigation
5. From the Decision to Prosecute to Judgment at First Instance
6. Evidence
7. Sentencing and Enforcement: An Overview
8. Appeals and Post-conviction Review
Annex 1: Indictment to the Schwurgericht for Aggravated Murder and Other Offences
Annex 2: Judgment of the Schwurgericht (Imposition of Life Sentence)
Annex 3: Judgment of the Bundesgerichtshof (Acquittal)
Studies in International and Comparative Criminal Law
Criminal law had long been regarded as the preserve of national legal systems, and comparative research in criminal law for a long time had something of an academic ivory tower quality. However, in the past 15 years it has been transformed into an increasingly, and moreover practically, relevant subject of study for international and comparative lawyers. This can be attributed to numerous factors, such as the establishment of ad hoc international criminal tribunals and the International Criminal Court, as well as to developments within the EU, the UN and other international organisations. There is a myriad of initiatives related to tackling terrorism, money laundering, organised crime, people trafficking and the drugs trade, and the international 'war' on terror. Criminal law is being used to address global or regional problems, often across the borders of fundamentally different legal systems, only one of which is the traditional divide between common and civil law approaches. It is therefore no longer solely a matter for domestic lawyers. The need exists for a global approach which encompasses comparative and international law.
Responding to this development this new series will include books on a wide range of topics, including studies of international law, EU law, the work of specific international tribunals, and comparative studies of national systems of criminal law. Given that the different systems to a large extent operate based on the idiosyncracies of the peoples and states that have created them, the series will also welcome pertinent historical, criminological and socio-legal research into these issues.
Editorial Committee:
Cheah Wui Ling (NUS, Singapore)
Caroline Fournet (Groningen, The Netherlands)
Rachel Killean, (QUB, Belfast)
Dawn Rothe (FAU, USA)
Liling Yue (Beijing, China)
Heike Jung (Saarbrücken, Germany)
Adel Ibrahim Maged (Cairo, Egypt)
Wolfgang Schomburg (Berlin, Germany)
Noha Aboueldahab (Brookings Institute, Doha)
Gleb I Bogush (HSE University, Russia)
Hector Olasolo (Universidad del Rosario, Colombia)
Leigh Swigart (Brandeis University, USA)
Sarah Williams (University of New South Wales, Australia)