By Professor Dr. Jörg-Martin Jehle, Dr. Marianne Wade (auth.)
The comparative examine documented right here was once supported through the Fritz-Thyssen starting place and the eu fee. It tested prosecution prone in several ecu nations meaning to comprehend their nationwide position and serve as in the respective legal justice procedure and thereby to spotlight universal positive aspects and significant variations among ecu platforms. The prosecution provider is considered part of the felony justice procedure; a coherent procedure stressed to accommodate excessive numbers of situations. inside of the program the prosecution point is more and more changing into the decisive degree lowering its workload through simplified tools and proceedings.
The examine was once conducted via a community of specialists from England and Wales, France, Germany, the Netherlands, Poland and Sweden with a purpose to boost universal questions and information assortment thoughts and to collect the country-specific info required to permit comparability. The research bargains with a space during which little learn has been performed and that's more and more changing into the critical, decision-making point of evolving legal justice structures, with far-reaching effects for society and the elemental ideas of legal law.
This booklet contains:
- A Comparative Part
- Aim and strategy of the Study
- Comparative info and Synthesis
- Case Examples
- Country Reports
- Appendix with the Questionnaire
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Extra resources for Coping with Overloaded Criminal Justice Systems: The Rise of Prosecutorial Power Across Europe
6 See: The precise considerations of the Council of Europe, The Simplification of Criminal Justice, Recommendation No. R. (87) 18 and explanatory Memorandum. The Function of Public Prosecution within the Criminal Justice System 25 6. Disposals by the prosecution service, even if connected to conditions (fines), cannot be equivalent to a conviction. The imposition of conditions must not be coercive for the suspect; s/he must be free to fulfil the condition voluntarily. In any case these decisions should be subject to judicial examination/agreement.
Where possible, material decriminalisation should be preferred to procedural diversion. One should avoid drawing minor cases into the criminal justice system if one doesn’t want a criminal justice response to them. The path chosen by several countries in using administrative offences and fines should be used increasingly. This would simultaneously be an important step in limiting the range of discretion in line with the principle of opportunity. 4. The police have to be bound by the principle of legality.
Legally •••f Fact. ••••g Leg. SE Fact. = Factually Fact. PL ••••h Fact. The police have complete discretion about when to inform PPS about a case, but they tend to follow the guidelines set down by CPS. The police also inform the CPS when it is asked to carry out some non-prosecution functions. No drop/disposal/sanction by police are possible/wanted. If they decide to go ahead with taking the case to court. The police report a case to PPS if there is some concern about evidence, what charge or whether the case should be prosecuted; otherwise a case is also reported to PPS when the investigation is over.