By Professor Dr. Jörg-Martin Jehle, Dr. Marianne Wade (auth.)
The comparative examine documented the following used to be supported by means of the Fritz-Thyssen starting place and the eu fee. It tested prosecution providers in several ecu international locations desiring to comprehend their nationwide position and serve as in the respective felony justice method and thereby to spotlight universal positive factors and critical variations among eu platforms. The prosecution provider is considered part of the felony justice procedure; a coherent procedure stressed to house excessive numbers of circumstances. inside the program the prosecution point is more and more turning into the decisive level lowering its workload by way of simplified tools and proceedings.
The study used to be performed by means of a community of specialists from England and Wales, France, Germany, the Netherlands, Poland and Sweden so that it will advance universal questions and knowledge assortment innovations and to collect the country-specific details required to permit comparability. The learn offers with a space during which little examine has been performed and that's more and more turning into the primary, decision-making point of evolving legal justice platforms, with far-reaching effects for society and the elemental rules of legal law.
This ebook 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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Additional info for Coping with Overloaded Criminal Justice Systems: The Rise of Prosecutorial Power Across Europe
3. 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.
Reaction by / PPS / / / Drop or disposal by police EW, FRe, NLf, SE EW, NLg EW Drop or disposal by PPS EW, DE, NLh, PL, SEi EW, FRj, DE , NL, PL, SEi EW, NL Paper reaction by police to court EWk, FRa, PL EWk Paper reaction by police, not to court FRa , SEl Police prosecution FRa, SEm Paper reaction by PPS to court DE DE, FRl, PL Paper reaction by PPS not to court Sen SEn Full court reaction EWo, DE, NL , SEm EW, DE FRm, NL, PL, SEm a b c d e f g h i j k l m n o EW, DE , FR, NL, PL, SEm Can lead to a fine.
This is true in Sweden only for those offences for which the PPS is declared as being in charge of the investigation. 3 See for example criticism of where these lines are drawn in the British system, leaving work-related deaths outside of the CJS (Sanders & Young, 2000, p. 365). 1 PPS-Police Relationship In all countries, however, we are dealing with legally independent institutions and, in terms of organisation, the police have an entirely independent structure. It is perhaps also interesting to note that in Sweden the police and PPS are considered equal institutions and are both answerable to one institution, namely the Ministry of Justice.