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DECISION TO PROSECUTE - INSTRUMENTS AND MEASURES

NCJ Number
44219
Journal
Revue de droit penal et de criminologie Volume: 57 Issue: 6 Dated: (MARCH 1977) Pages: 449-475
Author(s)
A DE NAUW
Date Published
1977
Length
27 pages
Annotation
THE ROLE OF THE PUBLIC PROSECUTOR IN BELGIUM AND HIS PLACE IN THE JUDICIAL HIERARCHY ARE EXAMINED; INDIVIDUALS AND GROUPS THAT INFLUENCE THE DECISION TO PROSECUTE ARE DISCUSSED.
Abstract
THE PUBLIC PROSECUTOR IS THE REPRESENTATIVE OF ALL INTERESTED PARTIES IN THE PENAL PROCESS; HE MUST, THEREFORE, MAINTAIN AN EQUILIBRIUM AND WEIGH THE INTERESTS OF THOSE INVOLVED IN A JUST FASHION. IT IS IMPORTANT TO RECOGNIZE THAT THE PROSECUTOR IS NOT THE ONLY ONE WHO AFFECTS THE DECISIONMAKING PROCESS. AMONG THOSE INFLUENCES EXAMINED IN THIS ARTICLE ARE THE LEGISLATORS, THE MINISTRY OF JUSTICE, THE MEMBERS OF THE BENCH, THE BODY OF PUBLIC PROSECUTORS, THE PARTICULARS OF THE CASE, THE POLICE, AND PRESSURE GROUPS (ASSOCIATIONS, LOBBYISTS, AND THE MASS-MEDIA) THE DIFFICULTY FOR THE PUBLIC PROSECUTOR OF GUARANTEEING THE SECURITY OF INDIVIDUALS THROUGH RESPECT FOR EXISTING LAWS WHILE TAKING INTO ACCOUNT A VERY RAPID SOCIAL AND ETHICAL EVOLUTION IS UNDERLINED. NOTES ARE INCLUDED. --IN FRENCH.