Trial Systems for Persons Holding Political Positions in European Countries: the French Republic, the Federal Republic of Germany and the Kingdom of Netherlands

Abstract

There are five methods, which are widely applied in Europe that exercise state power.  First, there is a trial system by Parliament or Congress, which is used in England and the United States of America.  Second, a trial system by the Supreme Court and the Constitutional Court performs as a single court system is used in the Federal Republic of Germany and the Kingdom of Netherlands.  Third, a trial system is used by specialist courts, which was established from the Parliament founded in the French Republic.  Fourth, another trial system from a special parliament was adapted in the Republic of China (Taiwan).  Last, a trial system by general courts of justice is applied in the Swiss Confederation. 

This article looks precisely at the trial system of criminal cases of persons holding political positions of the French Republic, the Federal Republic of Germany and the Kingdom of Netherlands which use a trial system by the Supreme Court and the Constitutional Court as a single court system and a trial system by a specialist court established by Parliament. 

In the French Republic, the specialist courts are set up for trial criminal cases for persons holding political positions.  These specialist courts can be separated into two types, which are the Supreme Court with authority for trial cases on an omission of presidential duty, and the Law Court of the Justice (La Cour de Justice de la République)  with authority to try and adjudicate criminal cases against Ministers alleged of committing crimes during the course of performing their duties.  In the Federal Republic of Germany, the Constitutional Court has power to try and adjudicate cases accusing the President of violation of the Constitutional provisions or federal laws.  In the Kingdom of Netherlands, the Supreme Court is empowered to try and adjudicate cases that Members of Parliament and Ministers allegedly accused of committing malfeasance offences in office.  These five above mentioned trial systems represent an endeavor of these countries to establish measures to apply state power in a social context.