The Principle of Inquiry in Modern Proceedings
The principle of inquisition still is in use in modern criminal law of Germany, although there is a restricted extent. Legal base is § 244 II Strafprozeßordnung (German code of criminal procedure) that orders the court to ex officio examine on every fact and proof that could be relevant on the judgment. Most of these facts or proofs are inserted by the plaintiff or the defendant, but the court has the right to arise evidence by its own. The court even is enabled to judge, according to the result of the proceedings, over the violation of laws, the plaintiff did not mention and to sentence different from the proposals of the litigants. (theoretically an offense of involuntary manslaughter can lead to a sentence of murder first degree. If the proceedings show the violation of other laws by the same act, the court sentence on these too.
Read more about this topic: History Of The Principle Of Inquisition In German Criminal Law
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