Name: Polizeiliche Ermittlung und Untersuchung
Price: 73.5 CHF
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ISBN: 9783727253362

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In criminal proceedings, the preliminary proceedings are only rudimentarily codified. It consists of the police investigation procedure and the investigation. The demarcation between these two proceedings is governed by a single provision (Art. 307 StPO), which leaves the police and the public prosecutor's office a wide margin of discretion. The problem is accentuated with regard to the rights of the parties and, in particular, the rights of the accused. The Code of Criminal Procedure gives great importance to the rights of the accused as a counterweight to the power of the public prosecutor's office in the preliminary proceedings. In practice, however, the rights of the accused run the risk of being watered down due to the seemingly vaguely regulated demarcation in pre-trial proceedings.
This paper first discusses the history of the current preliminary proceedings. It then characterizes the police investigation procedure and the investigation. Subsequently, the paper deals with the aforementioned delimitation issues with special reference to the suspicion of the crime. Further, the corresponding effects on the rights of the accused are examined. Finally, the results are summarized and possible solutions are discussed.

Actual product image Polizeiliche Ermittlung und Untersuchung (German, Paperback, Lukas Bürge)

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