CCPE(2016)1Prov

Strasbourg, 28 January 2016

CONSULTATIVE COUNCIL OF EUROPEAN PROSECUTORS (CCPE)

Questionnaire for the preparation of the Opinion No. 11 of the CCPE:

“Quality and efficiency of the work of prosecutors,

including as regards the fight against organised crime and terrorism”

Germany:

   Does the prosecution service in your country work strategically with ensuring quality in the work of prosecutors? If yes, how is that done?

            Yes, there are several components of qualitymanagement procedures to             approve the daily work of prosecutors and by this to achieve the role and the       goals of of prosecutors. Inter alia, this is done by statistics on the duration of    the proceedings, benchmarking between prosecutors offices, training             programs, peer reviews, staff interviews, client evaluation, internal  audit and      monitoring procedures, complaints procedure, 

   Which criteria are considered crucial in your country for securing the highest quality and efficiency of the work of prosecutors: their independence, impartiality, human and material resources, conditions of work etc.? Please briefly describe.

          The personality of prosecutors is pivotal for securing the highest quality and efficiency of prosecutors. Therefore assessment procedures to select prosecutors are of utmost importance to find out whether the candidate

        feels to be binded on law and justice

        knows the law and the jurisdiction

        is able to find out facts and comes to just and fair results

        seeks for equality before the law and fair rial

        acts with the most possible transparency

        comes to decisions within reasonable time and in understandable language

        pays attention to the legitimate interests and personal rights of the persons involved in the procedure

        cooperates  team-orientated

        saves the ressources to work in a most economic way.

These skills are part of the training programs for prosecutors during their career.

   Are there any indicators, formal or informal, used in your country in order to assess the quality and efficiency of the work of prosecutors, for example, the number of cases considered, the length of the consideration, the complexity of the cases considered etc.? Please briefly describe.

          There are permanent statistics existing, concerning the workload of every prosecutor and the duration of the proceedings. In cases with detention a monthhly report on the progress of the investigation has to be given to the head of the prosecution service, after six months of detention tthe case has to be sent to the High Court of the Land (Oberlandesgericht).

   Is there a formal or informal procedure for evaluation of the work of prosecutors, how often it is evaluated, by whom, and with what consequences? Do the prosecutors have the right to raise formal or informal objections to the results of the evaluation and to its consequences?

            In Germany, there is no formal procedure for the evaluation of the work of the     prosecutor. The complaints procedure allows an informal view on the quality          of the work of every prosecutor.

   As regards the fight against organised crime and terrorism, are there any specific conditions, criteria, procedures or indicators created for prosecutors in your country in order to:

         - facilitate their work?   No, but special security measures.

         - evaluate their work?   No

   Are there in your country recent legislative reforms to fight more effectively against organised crime and terrorism and how are these reforms seen in relation to the quality and efficiency of the work of prosecutors? Please briefly describe.

            Last year, a new law on electronic Surveillance has been adopted.

   Do you consider that current international conventions, as well as international organisations, like Eurojust, Europol and Interpol, are sufficient to effectively fight against organised crime and terrorism?

            Cross border information and direct contacts between prosecution offices           should be facilitated.

   What are the major challenges in your country as regards the quality and efficiency of the work of prosecutors and, in particular, their fight against organised crime and terrorism?

            The cooperation between intelligence agencies and prosecution offices   hould be intensified, the rules in this field should be more clear.

            And, sorry to remark again, we need more staff in thiese fields of severe             criminality.