Walter Hinteler wrote:Well, I was asking seriously:
under German law, only the procecution indicts. (After they investigated, with the help of the police .... and e.g. a social worker like me [I stayed with the procecution office some weeks on work experience].)
Then the judge(s) decide wether they accept this indictment or not, meaning, if the procecution 'delivered' enough to open a trial.
I didn't know you were being serious. I'm not familiar with Texas criminal procedure, but in the US a charge alleging a violation of state law is usually either brought by (1) a prosecuting attorney through an complaint, information, or indictment, in which case the defendant is entitled to a preliminary examination before a county magistrate (judge) to determine whether there is
probable cause to believe that a crime occurred and the defendant committed that crime, or (2) a grand jury through an indictment, in which case there is no right to an preliminary hearing.
It sounds as if Germanic procedure is similar to #1.
Under the grand jury system, witnesses are called and the prosecuting attorney can attend these sessions and interrogate witnesses. These proceedings are secretive, and the defendant does not have the right to be present or present evidence or argument.
It is unlikely a ham sandwich would actually get indicted. :wink: