Literature on German Criminal Law

A project of the Max Planck Institute for the Study of Crime, Security and Law

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  1. Formalization of plea bargaining in Germany. Will the new legislation be able to square the circle? Journal Article
    Rauxloh, Regina (2011)
    In: Fordham International Law Journal, 34(2), pp. 296-331
    Criminal procedure Withdrawal of prosecution and plea bargaining Indictment and information Due process of law Legislation
  2. Human dignity in the criminal process. The example of truth-finding Journal Article
    Hassemer, Winfried (2011)
    In: Israel Law Review, 44(1-2), pp. 185-198
    Criminal procedure Criminal law: constitutional aspects Criminal investigation Due process of law Judicial process Withdrawal of prosecution and plea bargaining
    DOI
  3. Dealing with the mentally ill in the criminal justice system in Germany Journal Article
    Konrad, Norbert ; Lau, Steffen (2010)
    In: International Journal of Law and Psychiatry, 33(4), pp. 236-240
    Mental health Psychiatry Psychiatric / mental institution Insanity Criminal law: culpability Parole and probation Prisons and imprisonment Law reform Withdrawal of prosecution and plea bargaining
    DOI
  4. Germany Contribution
    Brodowski, Dominik ; Burchard, Christoph ; Kotzurek, Natalie ; Rauber, Jochen ; Vogel, Joachim (2010)
    In: Cape, Ed; Namoradze, Zaza; Smith, Roger; Spronken, Taru (Eds.), Effective criminal defence in Europe, Intersentia, Antwerp, (Ius commune Euopaeum, 87), pp. 253-319
    European Union and national law (relationship) Criminal procedure Withdrawal of prosecution and plea bargaining Inquisitorial system Arrest, detention and bail Judiciary Defendant/Defense/Defense counsel (criminal procedure) Administration of justice Legal aid Criminal investigation Admissions and confessions Criminal procedure: appeal Bar associations
  5. Absprachen in German criminal trials Contribution
    Altenhain, Karsten (2010)
    In: Thaman, Stephen (Eds.), World plea bargaining. Consensual procedures and the avoidance of the full criminal trial, Carolina Academic Press, Durham, pp. 157-179
    Withdrawal of prosecution and plea bargaining Criminal procedure Prosecutorial discretion Judicial discretion Judgments Admissions and confessions Sentences Law reform Legislation
  6. Prosecutors as judges Journal Article
    Luna, Erik ; Wade, Marianne (2010)
    In: Washington and Lee Law Review, 67(4), pp. 1413-1532
    Prosecutorial discretion Withdrawal of prosecution and plea bargaining Adversarial system Common law Inquisitorial system Prosecuting and public attorney Criminal procedure Comparative law
  7. Uncertainty and the search for truth at trial. Defining prosecutorial 'objectivity' in German sexual assault cases Journal Article
    Boyne, Shawn Marie (2010)
    In: Washington and Lee Law Review, 67(4)
    Inquisitorial system Adversarial system Prosecutorial discretion Prosecuting and public attorney Criminal procedure Withdrawal of prosecution and plea bargaining Comparative law Sexual offenses
    DOI
  8. Regulating plea-bargaining in Germany: Can the Italian approach serve as model to guarantee the independence of German judges Journal Article
    Frommann, Maike (2009)
    In: Hanse Law Review, 5(2), pp. 197-222
    Withdrawal of prosecution and plea bargaining Judges Comparative law Law reform
  9. Plea bargaining in Germany Contribution
    Weigend, Thomas (2009)
    In: Horovitz, Anat; Kremnitzer, Mordechai (Eds.), Current trends in criminal procedure and evidence. A collection of essays in honor of Professor Eliahu Harnon, The Harry and Michael Sacher Institute for Legislative Research and Comparative Law. The Faculty of Law. The Hebrew University of Jerusalem, Jerusalem, pp. 265-288
    Withdrawal of prosecution and plea bargaining
  10. The decay of the inquisitorial ideal. Plea bargaining invades German criminal procedure Contribution
    Weigend, Thomas (2008)
    In: Jackson, John (Eds.), Crime, procedure and evidence in a comparative and international context. Essays in honour of Professor Mirjan Damaška, Hart Publishing, Oxford, pp. 39-64
    Criminal procedure Withdrawal of prosecution and plea bargaining Inquisitorial system Prosecutorial discretion
  11. A comparative view of judicial supervision of prosecutorial discretion Journal Article
    Ma, Yue (2008)
    In: Criminal Law Bulletin, 44(1), pp. 3-27
    Comparative law Prosecutorial discretion Judiciary Withdrawal of prosecution and plea bargaining Judges
  12. Plea bargaining; defence rights. German Federal Court of Appeal [Ordinary Jurisdiction] (Bundesgerichtshof-BGH). Decision of 14 August 2007, Case No. 3 StR 266/07 Journal Article
    Gaede, Karsten (2008)
    In: Journal of Criminal Law, 72(2), pp. 109-112
    Withdrawal of prosecution and plea bargaining Criminal procedure Judicial process Due process of law Criminal law: constitutional aspects
  13. Report - recent case law of the Bundesgerichtshof (Federal Court of Justice) in Strafsachen (Criminal Law) Journal Article
    Esposito, Antonio K.; Safferling, Christoph J.M. (2008)
    In: German Law Journal, 9(5), pp. 683-710
    Homicide Jurisdiction Experts, expert witnesses and scientific evidence Causation Withdrawal of prosecution and plea bargaining Arrest, detention and bail
    DOI
    Open Access
  14. Judicial participation in plea negotiations. A comparative view Journal Article
    Turner, Jenia Iontcheva (2006)
    In: The American Journal of Comparative Law, 54(1)
    Withdrawal of prosecution and plea bargaining Due process of law Judicial process Trial practice Criminal procedure Comparative law
    DOI
  15. Germany Contribution
    Weigend, Thomas (2005)
    In: Tak, Peter (Eds.), Tasks and powers of the prosecution services in the EU member states. Vol. 2, Wolf, Nijmegen, pp. 859-875
    Prosecuting and public attorney Police Criminal investigation Withdrawal of prosecution and plea bargaining Indictment and information Criminal policy Law enforcement Executive power