ABANDONMENT OF PROSECUTION IN CASES OF PETTY CRIME EMPIRICAL RESEARCH ON COURT DECISIONS - WEST GERMANY

• NCJ Number: 60596
• Journal: Kriminologisches Journal Volume: 11 Issue: 1 Dated: (1979) Pages: 35-49
• Author(s): K L KUNZ
• Date Published: 1979
• Length: 15 pages
• Corporate Author: Juventa Verlag
• Publication Format: Article
• Language: German
• Country: West Germany (Former)

Annotation

THE CRITERIA ADOPTED BY THE PROSECUTION TO DISMISS CASES BECAUSE OF INSIGNIFICANCE AS DISCOVERED IN WEST GERMAN CRIMINAL RECORDS ARE EXAMINED.

Abstract

EACH YEAR, THE PROSECUTION DISMISSES A CONSIDERABLE NUMBER OF CASES BECAUSE OF THEIR INSIGNIFICANCE. THE TWO LEGAL PREREQUISITES, 'THE INSIGNIFICANCE OF THE CRIME' AND 'THE LACK OF PUBLIC INTEREST,' ARE SO VAGUE THAT THEY LEAVE THE DECISION TO DROP CHARGES ALMOST ENTIRELY TO THE PROSECUTION. UNLIKE OTHER CRIMINAL VERDICTS, THE DECISION TO DISMISS A CASE IS REACHED IN A NONPUBLIC INVESTIGATION AND THEREFORE USUALLY NOT SUBJECT TO PUBLIC CONTROL. A STUDY OF THE RECORDS OF DISMISSED CASES IN THE GERMAN STATE OF SAARBRUECKEN IN 1977 REVEALS THE CRITERIA USED BY THE PROSECUTION FOR DROPPING THE CHARGES. THE PROSECUTORS ATTEMPT TO ESTIMATE WHAT SANCTIONS CAN BE EXPECTED, TAKING INTO ACCOUNT THE OFFENDERS' CRIMINAL RECORDS, FREQUENCY OF THE OFFENSE, AMOUNT OF DAMAGE, OR MOTIVE. THE PROSECUTOR ALSO EVALUATES THE EVIDENCE REVEALED BY THE POLICE INVESTIGATION. IN ANY CASE, THE DECISION IS BASED SOLELY ON THE POLICE RECORDS WITHOUT THE BENEFIT OF THE ADDITIONAL INFORMATION USUALLY REVEALED AT A TRIAL. DETAILED RESULTS INCLUDE THE FOLLOWING: (1) THE AMOUNT OF THE DAMAGE IS NO ABSOLUTE CRITERION FOR DISMISSING A CASE--CORPORATE CRIMES AMOUNTING TO APPROXIMATELY 50 DOLLARS ARE FREQUENTLY DISMISSED WHILE THE THEFT OF AN IDENTICAL SUM IS PROSECUTED; (2) AN OFFENDER'S PREVIOUS CRIMINAL RECORD IS USUALLY NO HINDRANCE FOR DISMISSING A CASE; AND (3) DIFFERENT CRITERIA ARE USED FOR DEALING WITH MIDDLE AND LOWER CLASS OFFENDERS. IN CONCLUSION, TO THE OVERWORKED PROSECUTOR THE DISMISSAL OF CASES IS USUALLY A ROUTINE AFFAIR WHICH DESPITE ITS POLITICAL RELEVANCE IS NOT GUIDED BY ANY PRECEPTS OF CRIMINAL POLITICS. IT IS SUGGESTED THAT THE AMOUNT OF DAMAGE ABOVE WHICH A MORE THOROUGH INVESTIGATION IS REQUIRED SHOULD BE DETERMINED BY THE LAW. THE ARTICLE CONTAINS STATISTICAL CHARTS, NOTES AND A SHORT BIBLIOGRAPHY. --IN GERMAN. (SAJ)