德国检察官在刑事诉讼中的作用

On the Role of Prosecutor in German Criminal Justice

在德国,指挥侦查和提起公诉是刑事诉讼法赋予检察官的基本职能。但实际上,对犯罪案件的侦查基本上是由警察独立完成的。而随着起诉便宜主义的兴起,检察官在审前阶段对于案件的过滤作用显得极为重要。过去只有在审判阶段而且只能由法官做出的决定,检察官在审前程序中也逐渐能够独自做出。因而,检察官的司法官角色在不断得到强化。相应地,由检察官起诉到法院的案件只占全部案件的较小部分。从实际的作用看,检察官越来越成为德国刑事司法体系的中心角色。

In Germany, leading investigations and initial of prosecution are the statutory duty of public prosecutors. But in fact, investigations of criminal cases principally are completed by police irrespectively. With the opportunity principal rising, the prosecutor＇s role as the filters of cases in the pre-trial stage appears to be more and more important. The decision was made only by the judge and in the trial court in past, but now it may be made in pre-trial process by prosecutor solely. Hence, the prosecutor is the developing judicial officer. Accordingly, the number of cases sent to the court by the prosecutors in Germany is only the little part of the total ones. In practice, the prosecutor in Germany has become the central player in the criminal justice system.