What really goes on in German courts
“The Farcical German ‘Justice’ System”
35:45 Germany’s Taboo and Founding Myth: “…the ‘never again’ Auschwitz can be the sole foundation of the Berlin Republic.” – Bernard-Henri Levy
45:00 Three points
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Germany, Country under the Rule of Law: Role Model or Illusion?
Achtung: Diesen Dokumentarfilm gibt es auch in einer deutschen Fassung unter https://youtu.be/IQZeHy2K2Bg
Note: For the official English translations of various German law books see:
https://www.gesetze-im-internet.de/en… (procedural code)
https://www.gesetze-im-internet.de/en… (penal code)
https://www.gesetze-im-internet.de/en… (basic law/constitution)
https://www.gesetze-im-internet.de/en… (constitution of courts)
In the whole world, the Federal Republic of Germany enjoys the reputation of being a liberal, democratic country under the rule of law. This self-portrait will not be simply adopted here, however, but it will be critically reviewed. The litmus test for a country under the rule of law is when the state’s interests collide with those of its citizens, that is to say, when the state finds it expedient to prosecute and punish its citizens. Then it will show whether the law can prevent the authorities from misusing their omnipotence against defenseless citizens. Crucial in this regard is the Code of Criminal Procedure. It defines the rules according to which the judiciary may deal with those in the courtroom who got into the government’s crosshairs for whatever reasons. Good laws prevent the state’s misusing its power in the courtroom. In this regard, however, Germany performs abominably, because its Code of Criminal Procedure gives judges all the instruments needed to deal with defendants which ever way they (or their masters) please. They can gag the defense, deny all their motions for evidence, prevent any appeal, hide from the public what a case is all about, and they can claim anything they want in a verdict, because no protocol is made recording what is said in the courtroom by any party. Hence, if push comes to shove, the German judiciary can do arbitrarily whatever they (or their masters) want.