Concept and Position of the Amtsanwalt in the German Legal System
Der Amtsanwalt is a career civil service position anchored in German criminal procedure law within the public prosecutor’s office. Amtsanwälte perform certain prosecutorial tasks and represent the public prosecutor’s office, particularly before local courts (Amtsgerichte). In their role, they are firmly integrated into the judicial service and make a significant contribution to the functionality of criminal justice, especially in the prosecution of less serious criminal offenses.
Definition and Legal Foundations
The Amtsanwalt is a state civil servant at a public prosecutor’s office of the federal states or the federal government, who legally does not need to be qualified for judicial office (i.e., does not require the Second State Examination in Law), but is qualified to perform prosecutorial duties according to the Amtsanwaltsgesetz (AmtsanwG) and the corresponding training and examination regulations. The legal basis for this is found especially in the Amtsanwaltsgesetz (AmtsanwG) of July 15, 1965.
Scope of Duties
Amtsanwälte primarily assume tasks in criminal prosecution and conduct proceedings before the local courts in particular, as long as these are not offenses of significant importance. According to Section 142 of the Courts Constitution Act (GVG), the responsibilities of Amtsanwälte include in particular:
- Representation of the public prosecutor’s office in criminal matters before local courts,
- Leading and conducting investigations in specific cases,
- Requesting and conducting criminal order proceedings (Strafbefehl),
- Representing the public prosecutor’s office in certain administrative offense proceedings,
- Decision-making on the discontinuation of proceedings (§ 153 et seq. StPO, §§ 170 et seq. StPO), as far as the case falls within the jurisdiction of the Amtsanwalt.
Distinction from Staatsanwälte
The position of Amtsanwalt differs from that of Staatsanwalt (public prosecutor) in terms of career requirements and allocation of tasks. While Staatsanwälte must have the qualification for judicial office according to the German Judiciary Act (DRiG), Amtsanwälte only require the amtsanwalt examination, for which the First State Examination in Law is necessary. The jurisdiction of Amtsanwälte is personally and materially limited by law compared to that of Staatsanwälte and is essentially restricted to offenses of medium and minor severity.
Training and Entry Requirements
Prerequisites
The prerequisite for admission to the Amtsanwalt examination is generally a degree in law and passing the First State Examination. The Second State Examination is not required. In addition, specialized training is provided to prepare for the duties of Amtsanwalt.
Training and Examination
Training to become an Amtsanwalt is regulated in the Amtsanwalts-Ausbildungsverordnung (AmtsanwAvO). It includes both practical instruction at public prosecutor’s offices and theoretical coursework. The aim is to provide the criminal, criminal procedural, and administrative law knowledge necessary for the office.
The training is completed with a performance evaluation. Successful completion of the Amtsanwalt examination entitles the candidate to be appointed as an Amtsanwalt, who receives a separate civil servant status depending on the federal state.
Official Status and Powers
Regulatory Classification
Amtsanwälte are civil servants of the federal states in the upper judicial service (gehobener Justizdienst). They have the legal status of civil servants for life, on probation, or revocable, depending on their career stage (§ 1 AmtsanwG). They are subject to the professional supervision of the head of the public prosecutor’s office and must follow instructions.
Powers and Limitations
Amtsanwälte represent the public prosecutor’s office before the criminal judge at the local court and in Strafbefehl proceedings. In certain federal states, their jurisdiction may be expanded (for example, in traffic criminal cases or mass offenses with minor penalties). For serious crimes and indictments before the Schöffengericht (panel court) or regional courts, representation is reserved exclusively for Staatsanwälte.
Functions and Importance in Criminal Proceedings
Investigative Proceedings
In investigative proceedings, Amtsanwälte handle the clarification of offenses within their area of responsibility, issue orders to discontinue proceedings, apply for the issuance of Strafbefehl (penalty orders), and file charges in minor cases. They have the authority to order investigative measures such as questioning, evidentiary applications, or searches, provided no judicial reservation applies.
Main Hearing
In court proceedings before the criminal judge (single judge at the local court), Amtsanwälte represent the public prosecutor’s office, present indictments, request the taking of evidence, file motions regarding legal consequences, and make closing arguments on sentencing. The appellate proceedings before the regional court against judgments of the local court also fall within their purview, provided the subject of the case (§ 373 GVG) originally falls within their jurisdiction.
Organization and Career
Duty Status and Promotion Opportunities
Amtsanwälte are classified as civil servants in the upper civil service in their own salary group, usually in pay grade A 9 to A 13 BBesG. Leadership positions are typically not filled with Amtsanwälte but with Staatsanwälte. Promotion to Staatsanwalt is generally not envisaged but may be requested in exceptional cases upon proof of corresponding qualifications.
Distribution across Germany
Amtsanwälte are active in most of Germany’s federal states. The exact number of Amtsanwälte is determined by the respective state justice authorities. The specific distribution of duties and responsibilities may vary in individual states.
Legal Sources
The legal status of the Amtsanwalt is regulated in particular by:
- Amtsanwaltsgesetz (AmtsanwG)
- Courts Constitution Act (GVG)
- Code of Criminal Procedure (StPO)
- Amtsanwalt Training Ordinance (AmtsanwAvO)
- Federal state civil service laws
Importance and Function in the Justice System
The Amtsanwalt makes a significant contribution to effective prosecution and easing the workload of public prosecutor’s offices. They enable the efficient handling of numerous mass proceedings as well as everyday crime, thereby ensuring legal certainty and public order at the local level. Their sound practical training and specialization in certain types of offenses make them a cornerstone of lawful criminal proceedings in the area of the local courts.
Literature and Further Information
- Text of the Amtsanwaltsgesetz (AmtsanwG)
- Courts Constitution Act (GVG)
- Code of Criminal Procedure (StPO)
Frequently Asked Questions
How does the Amtsanwalt differ from a Staatsanwalt in terms of conducting proceedings?
The Amtsanwalt is a specialized representative of the public prosecutor’s office, responsible in particular for cases of lesser complexity. While a classic Staatsanwalt handles the direction and conduct of all investigative proceedings, the tasks of the Amtsanwalt are generally limited to less complex offenses that do not require special prosecutorial experience, such as minor thefts, property damage, or traffic offenses. The assessment of whether a case is conducted by an Amtsanwalt or a Staatsanwalt is fundamentally determined by the seriousness of the offense and the expected penalty. Amtsanwälte are authorized to file charges in their own name, request penalty orders, and present factual and legal arguments before the criminal judge. They also have the discretion to decide on the discontinuation of proceedings in individual cases. In more complex cases, particularly involving serious crime or proceedings with significant public interest, the matters must be handled by Staatsanwälte.
What are the requirements to work as an Amtsanwalt?
A key difference from Staatsanwalt lies in the legal qualification. Amtsanwälte must generally have passed the First State Examination in Law, while Staatsanwälte require the Second State Examination and thus the full qualification for judicial office. Amtsanwälte are appointed to the judicial service under the law of the respective federal state and assume a special position as civil servants in the upper service. Although they hold similar powers to Staatsanwälte, they are limited by law to certain areas of responsibility. Furthermore, close cooperation with Staatsanwälte regularly takes place, especially if higher jurisdiction is required during the handling of a case.
In which types of proceedings is the Amtsanwalt typically responsible?
Amtsanwälte are usually responsible for criminal cases heard before the criminal judge at the local court. These mainly concern offenses of lesser seriousness (§ 12 para. 2 StGB), for which a fine or imprisonment of up to four years is expected. Typical examples include theft, fraud, simple bodily injury, insult, minor violations of the Narcotics Act, and traffic offenses without fatal consequences or serious injuries. Amtsanwälte may also handle accelerated proceedings (§§ 417 et seq. StPO) and submit applications for penal orders (Strafbefehl). Once offenses are committed that foresee higher penalties, or if legal questions become complex, responsibility automatically shifts to Staatsanwälte.
What special powers and restrictions does an Amtsanwalt have in the investigative process?
In the investigative process, the Amtsanwalt has almost the same powers as a Staatsanwalt, including conducting investigations, deciding on the discontinuation of proceedings, and filing indictments. They may also request coercive measures such as searches or seizures, provided these do not involve custodial decisions. However, there are legal restrictions, especially for measures that severely infringe upon the basic rights of the accused, such as pre-trial detention or large-scale investigations under the Narcotics Act. In such cases, the consent or takeover by a Staatsanwalt is required. Furthermore, the Amtsanwalt is generally bound by internal service instructions and directives from the supervising Staatsanwalt.
What role does the Amtsanwalt play in Strafbefehl (penal order) proceedings?
In Strafbefehl proceedings, the Amtsanwalt plays a central role. After the investigation is completed, they examine whether the conditions for Strafbefehl proceedings are met and, if so, apply for the issuance of a Strafbefehl by the competent local court. The Amtsanwalt is authorized to propose the specific penalty in the application, such as a fine or short-term suspended imprisonment. If an objection is filed against the Strafbefehl, the Amtsanwalt can represent the case and make submissions before the judge. In contrast to the main trial, Strafbefehl proceedings are especially suited to allowing mass cases to be concluded quickly and efficiently. Amtsanwälte thus make an important contribution to alleviating the burden on the judiciary.
In which cases can the Amtsanwalt discontinue proceedings, and what are the legal bases for this?
The Amtsanwalt is authorized to discontinue investigations in accordance with the provisions of the Code of Criminal Procedure, in particular pursuant to §§ 153 et seq. StPO. Grounds for this may include insignificance, lack of public interest in prosecution, reparation of damage by the accused, or only a minor expected penalty. In the case of discontinuance pursuant to § 153 StPO on grounds of insignificance, the consent of the competent court is required. If the proceedings are discontinued under § 153a StPO subject to conditions or instructions, the Amtsanwalt ensures that the legal requirements are met. The decision to discontinue is subject to appeal and can be reviewed by both the accused and the aggrieved party.
Is the Amtsanwalt subject to the so-called principle of legality or opportunity in prosecution?
Like any representative of the public prosecutor’s office, the Amtsanwalt is fundamentally subject to the principle of legality (§ 152 para. 2 StPO). This means that they are obliged to initiate an investigation and prosecute an offense when there is sufficient suspicion. Exceptions to this are provided by provisions such as § 153 and § 153a StPO, which, within the framework of the principle of opportunity, allow the proceedings to be discontinued. In the case of offenses that can only be prosecuted upon request, such as trespassing or insult, the public interest may be denied, making it possible not to prosecute. The Amtsanwalt’s discretion is, however, limited by statutory provisions and internal guidelines of the public prosecutor’s office.
