ABSTRACT. The German criminal code does not define the mental element of crime. The irrelevance of evidentiary matters in German substantive criminal law reflects a different relationship between substance and procedure. In German criminal law, substance takes priority over procedure. German criminal law doctrine differs markedly from the system which is most often used in Anglophone writing as a civil law comparison, the French law. German criminal law includes cases ofwhat the common law would call recklessness.


KEYWORDS: German law, criminal code, substance, procedure, recklessness, evidentiary matters

Go to top