Germany is the second largest country in Europe, after Russia, with a population of 82 million people. It is the most populous country in European Union, of which it is a founding member, with the overall life expectancy at 80 years. The federal republic of Germany has 16 constituent states and 34 major cities like Berlin, Hamburg, Frankfurt, Munich, and Cologne among others. The country enjoys the temperate seasonal climate and is a member of the NATO, G7, United Nations, and G20. Germany has the fourth largest economy characterized by industrial and technological developments. However, despite its high standards of living, the country provides universal healthcare, social security, and free university education. Politically, Germany is a federal, parliamentary and a representative democratic nation. The president is the head of state whereas the chancellor is the head of government. During a visit to Germany, I was a witness to a violent robbery by a German national who caused bodily harm, and the police arrested him. This research paper will focus on the criminal proceedings of this crime concerning the treatment of the suspect, compare the individual rights of Americans to Germans, the penal code in Germany, and discuss the similarities and differences of the police culture in Germany versus the United States of America.
Germany operates under the constitution of 1949 known as the Grundgesetz or the Basic Law. Criminal acts either felonies or misdemeanors. In Germany, the law forbids the use of any form of physical violence whether at home or otherwise and the crime is punishable. According to the German criminal code of 1877,
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“Whosoever causes bodily harm by administering poison or other noxious substances; by using a weapon or other dangerous instrument; by acting by stealth; by acting jointly with another. Or by methods that pose a danger to life, shall be liable to imprisonment from six months to ten years, in less serious cases to imprisonment from three months to five years” (section 224).
Violent crimes are under felonies, which are punishable with a sentence of not more than five years imprisonment or by a fine. When caught in the act of the offense, the police arrest the suspect and the case, reported immediately to the office of the public prosecutor at the Landgericht, heads on to the court. Detaining of suspects for more than a day is illegal, and in case of such an incident, the issuance of a warrant is compulsory by a court (Haftbefehl). The publication of the order is only possible if the suspect is a flight risk or the establishment of a high degree of guilt. If grounds to charge the suspect are found after investigations there, the public prosecutor submits an indictment is presenting the charges, the broken laws and the acquired evidence.
The United States offers criminal suspects with individual rights like the right to counsel and search and seizure. This application is similar to the German system, but there is a more strict procedure as to the articulation of when and how. The German fundamental law of 1949 guarantees certain aspects of the criminal process. These rights are; the right to the freedom of movement, the inviolability of the home, and the right to secrecy of communication (Articles 2; Article 13; Article 10). First, after the arrest of a suspect, the individual has a right to counsel in Germany just as the U.S. during the investigation; one has the right to a defense lawyer of their choice and or a court-appointed lawyer. There are stipulations for a court-appointed lawyer, however. These principles are if one is a suspect of a serious crime that has sentencing of more than one year, if one cannot defend him or herself or if they are in pre-trial custody. Additionally, the right to search and seizure is applicable in Germany. If an individual is a suspect in a crime, the police or prosecutor has a right to examine one’s car, house, or other premises. However, the issuing of a search warrant must be through a court. The people present during the search can be a suspect, their lawyer, a judge, or prosecutor or two local government officials. However, according to Bradley, once the search is over, the suspicions, upon request, issued with a document with reasons for the search and the crime accusation (2007a).
The police in Germany treat suspects with dignity since according to the law, it is wrong to harm or endanger their lives. According to the Basic Law, the rights of the person are unbreakable, and “forbids the maltreatment, either physically or mentally, of prisoners or detainees (Article 104).” Nevertheless, there are cases of police brutality during the arrest and investigation and interrogation stage to acquire evidence against suspects. However, the German judicial system has the exclusionary rule just like the U.S. This rule aims at protecting the German legal system as well as protecting the rights of individual suspects (Bradley, 1983b). Additionally, there are no bail provisions in the German order as they deem to favor the rich.
The similarity of the police cultures of Germany and the U.S is police brutality. Despite its illegality, police brutality is a significant concern that occurs in major countries, and the U.S and Germany are no exceptions. In Germany, police brutality happens during arrests and custody. Most of the cases are due to racism and xenophobia (Amnesty International, 2004). In the U.S however, police brutality emanates from the fact that the police have the right to use force either during arrests or when confronting protestors (Loree, 2006).
Among the difference in the police cultures of Germany and America is the fact that police in the U.S is responsible for undertaking investigations of criminal suspects. This occurrence is different in Germany, as when arresting suspects, the police must have evidence against the suspects. Additionally, the role of undertaking investigations is left to the public prosecutor especially in serious crimes. Another difference in the police culture of these two countries is the amount of force they use. For example, when a suspect is pulling out a gun, American police has the right to shoot the suspect without actually seeing it. However, this is different in Germany where police have to substantiate the visual of the weapon before they discharge.
In conclusion, Germany’s criminal code is different from that of the U.S regarding the arrest, pre-trial, investigation, and prosecution of suspects or defendants. Despite similarities in the individual right of persons, the German system may seem lenient compared to the U.S with punishment, court procedures, investigation and arrests process and the categories of certain crimes. However, it is important to note that there are differences when it comes to the police culture of both countries despite similar police brutality claims.
References
Amnesty international. 2004. Research. amnesty.org Retrieved 11 May 12, 2018 from, https://www.amnesty.org/en/documents/eur23/001/2004/en/
Basic Law Act of 1949, Articles 2, 10, 13,104.
Bradely, C. M., (1983). The Exclusionary Rule in Germany Articles by Maurer Faculty. Paper 956. Retrieved 11 May 12, 2018 from, http://www.repository.law.indiana.edu/facpub/956
Bradley, C. M., (2007). Criminal Procedure A Worldwide Study 243 ( 2d ed.), Carolina Academic Press.
German criminal code of 1877, chap. 17 sec. 224. Retrieved 11 May 12, 2018 from, https://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html#p1873
Loree, Don (2006). Corruption in Policing: Causes and Consequences; A Review of the Literature" (PDF). Research and Evaluation Community, Contract and Aboriginal Policing Services Directorate. Royal Canadian Mounted Police. Retrieved 11 May 12, 2018 from, http://publications.gc.ca/site/archivee-archived.html?url=http://publications.gc.ca/collections/Collection/PS64-27-2006E.pdf
