Criminal Procedure: Reform in West Germany


"No one wants to hinder the course of justice, but must it run amok?" The language of Hamburg's Welt am Sonntag was inordinately strong, but then the German press and public had taken an inordinately long time to get upset. The cause of the outcry was an old German legal custom called Untersuchungshaft (investigative arrest), which has its roots in Roman law and allows a prosecutor to jail a mere suspect for years—so long as he can convince a judge that the man might flee the country or tamper with evidence and...

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