Court structure and the legal profession : Germany :: Facts About Germany

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Court structure and the legal profession : Germany

The public prosecutors, who number over 4,000, are for the most part concerned with criminal proceedings. It is their responsibility to establish the facts where a person is suspected of a crime. They decide whether to discontinue the proceedings or to indict the person concerned. In court proceedings they are the prosecuting counsel. Unlike judges, public prosecutors are not personally and objectively independent; they are civil servants and therefore under orders from their superiors - though within very narrow limits.

More than 60,000 lawyers are self-employed professionals and serve as independent counsel in all fields of law. Through representing their clients in court they play a large part in the administration of justice. They must adhere to their professional code, and any violations are dealt with by disciplinary tribunals. All professional judges, public prosecutors and attorneys at law must have the qualifications of a judge; in other words, they must have successfully completed the course of study at a university law school and the compulsory course of practical training which follows, each of which ends with a state examination.

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