ABSTRACT

The Code of Criminal Procedure of the now defunct German Democratic Republic stated as its goal Ho secure that every culpable person and no innocent one is brought to penal account. Legal comparativists will usually start from the law, whereas sociologists will start from statistical data or from ethnographic description about what purports to be the law in action. German demonstration legislation has a recent history of both liberalizations and restrengthening. Under German law both the protagonist and the prosecutor have a right to appeal the conviction as well as the sentence. In Germany the most likely scenario would have been as follows: arrest by police on charges carrying high punishment, and no pre-trial detention. A major advantage for prosecution in Japan in comparison with Spain and Germany is the detention practice that a suspect is detained at a police cell attached to a police station, thus putting a suspect under their control.