The Defence

Powers of the Prosecutor in Criminal Investigation

“…It should be noted that the use of these two terms must be considered as imprecise. 43 The term "inquisitorial" is used to describe the Continental system of law (i.e. civil law system), while those used in Anglo-American parts of the world, are "adversarial," "accusatorial," or "common law."…”

“…In other words, by law the public prosecutor is not a party, and equally he is not the opponent of the defendant." 43 Moreover, every prosecutor undergoes exactly the same training as judges. 44 Both groups are trained together, for the same period of time, with no distinction to the form and scope of training, including taking a part in a two-step state examination.…”

“…41 It is assumed, at least in theory, that even if the prosecutor has filed an accusation, she retains the neutral stance of an officer of law also shown through the ability to subsequently file an appeal on behalf of the accused. 42 All these features make German prosecutors as Boyne argues "the most objective civil servants of the world" 43 and at least on a normative level, as having strong regulations toward objectivity in their conduct of criminal investigation. But the duty of objectivity does not make prosecutors immune from political interference.…”

“…The threshold for commencing an investigation remains the same regardless of the form in which the investigation is being conducted. 43 But the law does not explain how this ground is to be understood. It is argued that "reasonable suspicion" presents a higher level of certainty than mere suspicion since it must be justified in some way.…”

“…That means that they can e.g. arrest a suspect in exigent circumstances 42 or undertake measures necessary to identify the suspect, 43 including through photographs and fingerprints. 44 They also have the power to interrogate a witness, expert witness, and even the suspect; however, this can be done only if they are willing to testify voluntarily, as they cannot be summoned by police.…”