751-Sabar Institute Of Management, Tajpur - Gujarat Technological ...

2.6 Legal Factor
The judiciary of Germany is the system of courts that interprets and applies the law
in Germany. The German legal system is a civil law based on a comprehensive compendium
of statutes, as compared to the common law systems. Germany uses an inquisitorial
system where the judges are actively involved in investigating the facts of the case, as compared
to an adversarial system where the role of the judge is primarily that of an impartial referee
between the prosecutor and the defendant. The independence of the judiciary of Germany is
historically older than democracy in Germany. The organisation of courts is traditionally strong,
and almost all state actions are subject to judicial review. Judges follow a distinct career path. At
the end of their legal education at university, all law students must pass a state examination
before they can continue on to an apprenticeship that provides them with broad training in the
legal profession over two years. They then must pass a second state examination that qualifies
them to practice law. At that point, the individual can choose either to be a lawyer or to enter the
judiciary. Judicial candidates start working at courts immediately; however they are subjected to
a probationary period of up to five years before being appointed as judges for lifetime.
Although the German legal system doesn't match the US constitutional Bill of Rights point for
point, legal specialists who have studied it are usually in agreement that it is fair. It provides
many safeguards to ensure the fairness of investigations and trials. When authorities question a
suspect, they must make it clear that any statement may be used against him or her. A suspect
can't be compelled to testify against himself or herself, and has the absolute right, without undue
influence, to remain silent. Physical examinations can be made over the suspect's objection.
Blood samples, for example, may be taken if the alleged offense is related to drugs or alcohol,
provided this doesn't pose a health danger. The authority of German police is about the same as
in other developed countries. If a party is required to appear in a German court he or she will be
properly served with a summons. Failure to appear in court may be punished. Drug offenses such
as importation, sale or possession of narcotics, including marijuana and hashish, are considered
serious crimes.
German law has very strict requirements regarding the registration and possession of firearms
and other weapons. Anything an individual sells (including a car) automatically carries a sixmonth
warranty under law unless this has been explicitly excluded. Normal wear and tear of a
used item is not considered a defect. Under German marriage laws, a party can't file for divorce
26