Via Michael Bohlander's page at Durham University, a PDF file of a paper on Basic Concepts of German Criminal Procedure - a modified version of a chapter of his forthcoming book Principles of German Criminal Procedure, Hart Publishing 2011.
One of the major distinctions often heard about the German as a member of the family of continental legal systems is that its procedure is inquisitorial as opposed to the common law adversarial model. But what does that really mean? Is it all encapsulated in the role of the judge, or are there other features that define the character of the German procedure as inquisitorial? Is it actually still useful to use the terminology of “inquisitorial vs. adversarial”? Does “inquisitorial” not tend to convey connotations that remind us of medieval practices involving dungeons, torture, extorted confessions, draconic punishments and the personal union of prosecutor, judge and executioner in the figure of the inquisitor, or a burden on the defendant to prove their innocence etc ...Zum vollständigen Artikel