This site says:
One of the most critical measures in the preliminary proceedings is questioning the alleged crime participants and witnesses to what happened. No statement should be made without legal counsel at this stage (especially when the police open up to the suspect to interrogate them as an “accused”). Investigators are trained to ask questions that could put the suspect in a bind and are increasingly success-oriented. This often results in hasty, ill-considered and incriminating statements, which can be used against the accused in the main proceedings.
Which sounds an awful lot like German police can and will use your words against you in court.
NeoNachtwaechter@lemmy.world 3 days ago
Some random lawyer.
Again: police records and collects stuff. They do not argue in court.
What the accused has told the police will usable by all sides equally in court.
ImplyingImplications@lemmy.ca 3 days ago
And the side arguing against you will use your words to assist you?
German courts aren’t special. All courts work the same. You are innocent until proven guilty. You do not need evidence of innocence. All evidence is to prove guilt. The prosecution is attempting to prove guilt. Police collect evidence to prove guilt because proving innocence is not required. Both sides can use evidence collected, yes, that’s the same everywhere, but it’s not collected to prove innocence. You are assumed innocent. No evidence required. If evidence is being collected it’s specifically to be used against you to prove guilt.
It makes zero sense for police to collect evidence of your innocence, the state to charge you with a crime, and then argue you are innocent of that charge. You are assumed innocent. Arguments that you are innocent are not required. Evidence that you are innocent are not required. Statements that you make can’t be used to prove you are innocent. You are innocent by default. Statements that you make can therefore only be used prove guilt.
marcos@lemmy.world 3 days ago
They don’t. And the way the US courts work is almost exclusive to them.
NeoNachtwaechter@lemmy.world 2 days ago
It’s actually British courts who are special. And unfortunately Britain has exported their way into all their colonies.
In the British view of the world, it is generally assumed that everybody is lying all the time, even in court. All evidence and all words of witnesses are assumed to belong to one of the parties = lying in their favor (If you don’t like the term “lying” here, you can replace it by “performing a good show”).
In Germany, witnesses belong to nobody (except if they are are involved, or if they are spouse/relatives to one of the people who are involved etc.) and therefore it is generally assumed that they are free to tell the truth.
WeirdGoesPro@lemmy.dbzer0.com 2 days ago
Not true. In Japan you are often guilty until proven innocent—they can hold you for almost a month for an accusation alone.