ABSTRACT

In Germany's criminal justice system, the Public Prosecution Service is a relatively young institution, originally imported from French Law. Prosecution Service requires more transparency in decision-making and effective procedures for the parties involved to control prosecution decisions. The work of the Prosecution authority is governed by the principle of legality, which compels the prosecutor to conduct investigations in every case of reasonable suspicion of criminal offence. Prosecutors are often in a conflict between two general principles: on the one hand, the Prosecution Service has to protect the privacy of every suspect, and to ensure that the presumption of innocence will be met through the course of the investigation. On the other hand, the media and the public in general have a legitimate interest in information concerning criminal investigations. The information that criminal investigations have collected against a particular person could be a very powerful tool in the hands of public prosecutors.