Staatsanwaltschaft
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The Staatsanwaltschaft or public prosecutor’s offices are criminal justice bodies attached to the judiciary but separate from the courts in Germany, Austria and the German-speaking parts of Switzerland.
[edit] Germany
In Germany, the police have to investigate every single crime reported and consequently send all investigations to the Staatsanwaltschaft. The public prosecutor (Staatsanwalt lit. State Attorney) reviews the police’s findings and decides whether to indict the accused or halt the proceedings.
The prosecutor’s office has (in theory) the duty to investigate and pursue any matter in its jurisdiction as soon as it learns that a criminal offence has been (possibly) committed (Legalitätsprinzip). However there are some offenses which require the victim to explicitly request punishment (Antragsdelikt), other cases may be dropped due to "small guilt" or "non-importance" or the complainant may be told to prosecute on his own (common in slander or libel cases unless a VIP is involved). Prosecutors are authorised to perform acts of investigation themselves or can request the police to do so. The police are obliged to carry out such requests. Moreover, prosecutors can order witnesses and expert witnesses to testify before them and can even ask a judge (the Ermittlungsrichter or investigating judge) to interrogate witnesses or to perform inspections of evidence. The investigating judge only reviews the legality of the interrogation or inspection and must comply with the prosecutor’s request if it is legal.
However, due to their superior manpower, training and experience, the police conduct the vast majority of criminal investigations on their own. Cases are normally only turned over to the prosecutor’s office when they are considered solved or all leads have gone cold. A prosecutor is usually only involved from the very beginning in homicide or serious white-collar crime cases. Police also contact prosecutors when significant publicity is expected or they need help gaining a judicial arrest or search warrant etc., or when the Ermittlungsrichter is to interrogate a witness.
In court, the approximately 5,200 public prosecutors in Germany are the prosecuting counsels. Unlike judges, public prosecutors are civil servants and therefore subject to the orders of their superiors.
In investigations and in court, the prosecution is supposed to be "objective". It is (or should be) common for the Staatsanwaltschaft to request the acquittal of the defendant if the evidence that came to light in the courtroom suggests he or she is innocent. Naturally the defense's opinion usually differs from the prosecution's though.
