The office determination principle (also investigation principle) applies particularly in the criminal law and also as far as possible in the rest of public right and/or in the administrative law, although newer tendencies suggest the acceptance, the Inquisitionsmaxime loses in administrativejudicial practice in favor of the arrangement maxim more and more at meaning. The office determination principle means that circumstances must be determined officially (in this case of the court) by proof collections. Since the state acts by the judgement with punishment repressive, it is incumbent on also its responsibility to investigate circumstances independently objectively and it cannot be left to the "“parties"” public prosecutor's office and defense, be zusammenszutragen and exculpatory.

The opposite of the office determination principle is the teaching principle, which applies in the civil law. There it is incumbent on the parties to state all relevant facts on whose basis the court falls then a decision. The teaching principle is a discharge of the arrangement maxim, which applies and means in the civil law that the parties master of the procedure are and not the state.

Articles in category "Office determination principle"

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