A/HRC/7/3/Add.1
page 107
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
the basis of the information provided by
Südwestrundfunk, and forwarded this to the office
of the Public Prosecutor General at the Federal
Court of Justice, asking it to examine whether it
should potentially take over the matter. This was
done in view of the fact that the Public Prosecutor
General at the Federal Court of Justice is the
competent authority pursuant to section 142a of
the Courts Constitution Act (CCA) for criminal
prosecution with regard to the offences listed in
section 120 (1) and (2) of that Act. Because this
list is exhaustive, the Federal Public Prosecutor
General can only take over criminal proceedings if
there is suspicion of an offence that is listed in
section 120 (1) and (2) of the Act. This is due to
the fact that under the division of jurisdiction in the
German Basic Law, criminal prosecution is
fundamentally the remit of the Länder (constituent
states of the Federation); section 120 (1) and (2)
of the CCA more closely define the exceptional
cases of federal jurisdiction referred to in Article
96 paragraph 5 of the Basic Law. The importance
of a case on its own cannot give rise to the
Federal Public Prosecutor General having
jurisdiction. In the present case, the Stuttgart
Public Prosecution Office contacted the Federal
Public Prosecutor General, because the facts, as
they stood, might cover the offence of abduction
pursuant to section 234a of the Criminal Code,
and could therefore give rise to jurisdiction on the
part of the Federal Public Prosecutor General
(section 120 (2) first sentence no. 1, in conjunction
with section 74a (1) no. 5 of the CCA). As a
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