德國檢察機關實務運作簡介──以慕尼黑地方第一檢察署為例

Introduction to the Operation of German Prosecution Practice: The First Prosecutor’s Office Munich as an Example

我國法制受德國法制影響甚深，舉凡法律理論之引進、法律制度之採用、司法實務判決之借鏡，乃至於大法官釋憲實務對於德國法之參考。我國對於德國法之法學「理論」可說是有相當程度之瞭解，但對於德國司法實務之組織架構及如何運作，似乎就較缺少討論。本文係因筆者至慕尼黑地方第一檢察署見習，遂以見習期間之所見所聞，對德國基層檢察體系做一簡單之介紹，以期能讓讀者對於德國檢察實務之運作有基本之瞭解。最後參照德國檢察實務對法務部提出幾點建議，以期改善我國檢察體系，並達成司法改革國是會議之相關決議，提高人民對司法之信賴度。

The legal system of Taiwan is deeply influenced by the German legal system, for example: the introduction of legal theories, the adoption of legal systems, the experience of judicial practice judgments, and even the use of constitutional interpretation as reference. In Taiwan there is a certain degree of understanding of German legal theory. However, there seems to be less discussion about the organizational structure of German judicial system and how it works.In 2019 I had a practical work in first prosecutor’s office Munich. In order to give readers a basic understanding of the operation of German prosecution practice, this article is a brief introduction to the German prosecution system, which is based on what I have learned there. Referring to the German prosecution practice, I make a few suggestions to the Ministry of Justice for the purpose of improving prosecution system in Taiwan and increasing people’s trust in justice.