The Public Prosecutor in Germany. Aspects of his position and duties, procedural principles

Il Pubblico Ministero in Germania. Aspetti della sui posizione e dei suoi doveri, principi procedurali

Abstract

This contribution provides a brief overview of the historical and current role of the German public prosecutor in criminal proceedings and the procedural principles that guide their work. It delves into various aspects of the prosecutor's legal position and their relationships with other actors in the criminal justice system, including law enforcement officials. It addresses the 2019 ECJ verdict, which denied German public prosecutors the status of an "issuing judicial authority," and its implications for the controversial ability of the Minister of Justice to issue case-related instructions to prosecutors. To this end, the authors advocate for reforms.