Abstract

Comparative Study is a captivating field within the social sciences that involves examining and contrasting different cultures, systems, and countries. The current article focuses on a comparative study of public prosecution systems in Germany and Pakistan. It is driven by a curiosity to understand the inquisitorial system of a Civil Law country like Germany, compared to Pakistan's adversarial system based on Common Law.

Germany is a highly developed country with a robust economy, high literacy rate, and a strong public prosecution system within its Civil Law framework. Its system is known for its efficiency and strong rule of law. In contrast, Pakistan faces challenges such as poverty, low literacy rates, and a deteriorating economy. Its adversarial criminal justice system is less effective compared to Germany's

Despite the stark differences, comparing these systems can provide valuable insights for improving practices across borders. The study aims to identify beneficial features of the inquisitorial system that could be integrated into Pakistan's adversarial system to create a hybrid model that upholds human rights and justice.

In conclusion, both systems have evolved differently. Civil Law countries like Germany favor the inquisitorial model with a dominant role for courts, while Common Law countries like Pakistan prefer the adversarial model with a significant role for the police during investigations. The creation of the Public Prosecution institution has shifted some judicial powers to this executive branch, blending judicial and executive functions.