NCJ Number
102332
Date Published
1986
Length
106 pages
Annotation
An analysis of prosecutorial discretion in 26 nations in Europe focuses on the prosecutor's power to divert criminal cases from the courts.
Abstract
The country-by-country analyses examine the prosecutorial systems as of 1985. The study focuses on the role of the prosecutor, the legislation or other provisions for waiving prosecution, the grounds on which prosecutors can waive prosecution and the alternatives available, and empirical data on prosecutorial discretion. The nations vary with respect to both the possible and actual use of discretionary power. Complete waiver of prosecution seldom occurs. Instead, the prosecutorial waiver is usually followed by compensation, treatment, or transfer to an agency outside the criminal justice system. Nations that have decriminalized more actions have a smaller role for nonprosecution than do countries in which the decriminalization process has only begun. Waiving prosecution affects the victim as well as the offender. In some countries, victims can initiate prosecutions themselves. Waivers of prosecution should be subject to review by an independent body. Decriminalization should be considered for offenses for which waivers of prosecution are common. Prosecutors should be able to set binding conditions on offenders for whom the prosecution is waived. Additional recommendations, appendixes presenting the instrument, and 164 references.