Abstract
It is generally believed that there are two prosecution models. One is the “charge-statement-only doctrine” in civil law countries, and the other is the “charge-statement-only doctrine” in common law countries. As an integral part of the ex officio doctrine, the file transfer system allows judges to comprehensively review the files held and transferred by the prosecutor, so as to prepare for the trial. In civil law countries such as Germany and France, the reason why judges can lead the process of evidence investigation in court and control the scope, sequence and method of evidence investigation is inseparable from their case file transfer system. On the contrary, according to the charge-statement-only doctrine, the procurator submits only the indictment to the court when initiating a prosecution.
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Notes
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For more information on the “exclusiveness of the bill of prosecution” and the “doctrine of prosecuting discretion”, see Li **njian. (1992). The structure of criminal procedure. China University of Political Science and Law Press, p. 238.
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Chen, R. (2022). Evolution and Reflection of File Transfer System. In: Models of Criminal Procedure System. Springer, Singapore. https://doi.org/10.1007/978-981-19-3651-7_2
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