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>Does Germany have an inquisitorial judicial system like France? In France, AIUI they use "Investigating Magistrates", who are both prosecutor and judge, and wh
by cf1241290841 3y ago
>Does Germany have an inquisitorial judicial system like France? In France, AIUI they use "Investigating Magistrates", who are both prosecutor and judge, and who direct police investigations. Acquittal seems improbable in such circumstances. Resistance is useless!
I dont think so. The closest thing is probably the shenanigans going on with anti terror trials (§ 129b). While there is the problem of sentencing being only possible with an authorization to prosecute for said group from the ministry of justice, the really dangerous part is it being possible to read in stuff that is "known to the court" (gerichtsbekannt) at the start of the trial. So for example the court declares that its a known fact that the not illegal group xyz is a "cover organization" (tarnorganisation) for the banned organization zyx. A fact that is not part of the evidence gathering procedure and as a result cant be challenged. Which makes the rest of the trial pointless, you are already guilty.
Historically its a concept first used for membership in the German communist party that found its way into anti terror trials later.