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East Germany The Court System
The court system is similar to that of the Soviet Union and,
in its basic structure, shows clear roots in the Napoleonic Code,
which underlies many of the legal systems of continental Europe.
The Napoleonic Code differs in two ways from Anglo-Saxon law: it
does not subscribe to the adversary system, and it does not
recognize common law or precedent. In reference to the adversary
system, the prosecutor in an East German court is responsible for
presenting all the evidence, both for and against defendants, and
the judge reaches a decision based upon this presentation. A
defense attorney, if present, is subordinate to the prosecutor
and serves only to ensure that the presentation is balanced. The
judge is bound only by law as written in the statute books. The
judge interprets the law as it applies to the specific case, and
that interpretation, since it is unique, sets no precedent for
other judges.
The court system is subordinate to the legislative branch,
the People's Chamber. The Supreme Court is the highest court and
establishes the jurisdiction of subordinate courts. Under the
Supreme Court are district, regional, and social courts. District
courts generally try major cases occurring within their
geographic jurisdiction. District prosecutors, appointed by the
general prosecuting attorney, present the cases in district
courts. Regional courts normally try minor cases occurring within
their geographic jurisdiction. As is the case in the district
courts, judges in regional courts are appointed by the Supreme
Court, and the regional prosecutor is appointed by the general
prosecuting attorney. District courts and district prosecutors
have no authority over regional courts or regional prosecutors.
The court system also includes social courts of nonjudicial
members established within enterprises and cooperatives for the
purpose of enforcing labor discipline or moral behavior. These
courts, patterned on the Soviet people's courts, are quasi-legal
institutions that give voice to mass social pressure on
nonconforming persons. Although they are, in the strict sense of
the word, extralegal, they have been placed under the
jurisdiction of the Supreme Court, ostensibly to prevent
excesses.
There is also a separate military justice system, created in
1962 with the passage of the Military Criminal Law. In 1979 the
jurisdiction of the military courts was greatly expanded, a
reflection of increasing concern with law and order in all
spheres of society. As in the case of the other courts, military
prosecutors and military courts come under the final authority of
the Supreme Court and the general prosecuting attorney. Military
courts, however, are administered by the Main Department for
Military Courts, and military prosecutors are administered by the
military attorney general. Under this central umbrella, there are
military courts and attorneys for the various arms of service,
military districts, and formations of the NVA. Military courts
exercise jurisdiction over both military personnel and civilians.
The judges are NVA officers with law degrees. Military personnel
may be tried for either military or civilian offenses. Civilians,
at the direction of the Supreme Court, may be tried in military
courts for the capital offenses of treason, espionage, and
sabotage.
Data as of July 1987
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