INDIVIDURALIZATION OF PUNISHMENT IN GERMANY

Abstract

         In the determination of the appropriate punishment for a particular person in the Federal Republic of Germany, Prof. Dr.h.Urs Kindhäuser, the Professor of Criminal Procedure Law of the University of Bonn, the Federal Republic of Germany explains that The key to personalize the punishment is clear information. Therefore, in the Federal Republic of Germany, the court can play a role in the finding of the truth through the examination of the fact, by ordering the reinvestigation or additional examination, If the court finds that the information provided by the prosecutor and the police may be insufficient or inaccurate. For instance, insufficient photographs or the expert opinion is not enough. This is different from the Common Law system, such as the United Kingdom and the United States of America that the courts have no power to give such orders.

         The German procedural laws deem it appropriate to give the court the authority to investigate the matters, as the important entity to clarify and review the fact after the prior examination by the prosecutors. The double examination by two organizations bring the appropriate punishment for the crime committed by the specific defendant. This yield the effectiveness in the criminal justice system, particularly in the determination of the suitable individual’s penalties. For the reason that even if it has passed the audit to 2 organizations, it may be wrong because it is a human action.