GERMANY AND JAPAN

Abigail Deutmeyer, Mary Flury, Erin Donohue,

Riley Cavanaugh & Michelle Hinojosa

WHAT DOES THE JUDGE DO?

Japan Judges
3 judges
Tend to be influences by media and social pleasures
Remorse can affect judges decision

WHAT DOES THE JUDGE DO?

Germany judges
Lay Judges
Professional Judges
Tribunal
Single Judge
Up to 5 judges

WHO HAS THE BURDEN OF

PROOF?
Burden of proof: the obligation for a party to prove/disprove
a fact

Japan:
The public prosecutor has the burden of proof

Germany:
The claimant has the burden of proof

WHAT IS THE PUNISHMENT

FOR SEXUAL ABUSE?
Japan:
Japanese Penal Code
Article 176
Article 177
National Police Agencys
Punishment: 13+ years

WHAT IS THE PUNISHMENT

FOR SEXUAL ABUSE?
Germany:
Germany Criminal Code
Section 177
Punishment: 15+ years

WHAT DOES THE

PROSECUTOR DO?
Germany
Duty of prosecutors by law
What do prosecutors consider a victory
No jury
Compile evidence
Government appointed

WHAT DOES THE

PROSECUTOR DO?
Japan
Questioning accused
Appointed by government
Collaborates with judge
Compiles evidence
No jury

WHAT DOES THE

PROSECUTOR DO?
Similarities between Germany and Japan
No jury
Appointed by government
Compile evidence

WHAT DOES THE

PROSECUTOR DO?
Differences between Germany and Japan
Japans prosecutors cannot be fired
Rights of accused

SOURCES
Burden of Proof."TheFreeDictionary.com. N.p., n.d. Web. 05 Oct.
2015
"Dispute Resolution."Dispute Resolution Around The World(2011):
n. pag.Bakermckenzie.com. Web.
<http://www.bakermckenzie.com/files/Uploads/Documents/Glob al
%20Dispute%20Resolution/Dispute%20Resolution%20Aroun d
%20the%20World/dratw_germany_2011.pdf>.
Ow., and Criminal Trial (M. "Chapter 5 Trial Process."CHAPTER 5
TRIAL PROCESS(n.d.): n. pag. Web.
<http://www.unafei.or.jp/english/pdf/CJSJ_2011/07Chapter5.pdf >