Determination
determination in the legal sense is the study of circumstances. In all procedures, in which the Offizialprinzip applies (z. B. Criminal procedures, administrative proceedings) are accomplished determinations hoheitlicherseits. Here the authority only not loading one, but also exculpatory must circumstances determine (so explicitly z. B. in § 160 StPO). In contrast for this the teaching principle ( z stands. B. in the civil proceedings), with which each party must speak and prove the facts favorable for it.
The determination in the criminal procedure is regulated in § 160 StPO. The determination begins, if the public prosecutor's office attained knowledge of the suspicion of a criminal offence by announcement or in other way. The preliminary investigation and the powers of the public prosecutor's office with the determination are regulated in the StPO in §§ the 158 to 169a. The preliminary investigation ends, if the public prosecutor's office considers raising public complaint § to 169a StPO.
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| also the reference to right topics consider prosecution authority please! |
