Download PDF by Professor Dr. Jörg-Martin Jehle, Dr. Marianne Wade (auth.): Coping with Overloaded Criminal Justice Systems: The Rise of

By Professor Dr. Jörg-Martin Jehle, Dr. Marianne Wade (auth.)

ISBN-10: 3540339582

ISBN-13: 9783540339588

ISBN-10: 3540339639

ISBN-13: 9783540339632

The comparative examine documented the following was once supported via the Fritz-Thyssen beginning and the eu fee. It tested prosecution companies in several ecu international locations aspiring to comprehend their nationwide position and serve as in the respective legal justice approach and thereby to spotlight universal beneficial properties and significant alterations among eu platforms. The prosecution provider is considered part of the felony justice process; a coherent approach stressed to house excessive numbers of instances. inside of the program the prosecution point is more and more turning into the decisive degree decreasing its workload by way of simplified tools and proceedings.

The study used to be conducted via a community of specialists from England and Wales, France, Germany, the Netherlands, Poland and Sweden for you to strengthen universal questions and information assortment thoughts and to collect the country-specific details required to permit comparability. The learn bargains with a space within which little examine has been performed and that is more and more turning into the imperative, decision-making point of evolving felony justice structures, with far-reaching results for society and the elemental rules of felony law.

This publication contains:

  • A Comparative Part

  • Aim and procedure of the Study
  • Comparative facts and Synthesis
  • Case Examples

  • Country Reports
  • Appendix with the Questionnaire

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Additional resources for Coping with Overloaded Criminal Justice Systems: The Rise of Prosecutorial Power Across Europe

Example text

PL Leg. = legally ••••q •••• •••• •••• •••• Leg. l • Fact. k DE i •••• Leg. h •••• e b ••• Fact. • = in serious cases •• = in moderately serious cases ••• = minor offences •••• = all * footnotes in annex 5 As soon as offence discovered When 1st investigatory action undertaken Shortly after investigation begins When suspect found Particular action required EWa Leg. Fact. Table 6. Legal Requirements and Factual Information Flow between the Police and PPS* ••••j •••• Fact. f SE Fact. = factually r m •••• •••• •••• d • Leg.

Leads to a fine or a conditional sentence. Possible reactions are prison sentence, fine, community penalty. The Power to Decide – Prosecutorial Control, Diversion and Punishment in Europe 37 Where a decision is made that a system is no longer able to deal with all the offences assigned to it and therefore that no formal CJS reaction will in fact ensue to certain categories of offences, material decriminalisation is the logical consequence. However, it is an option rarely taken today in the countries studied.

Poland is a mixture of court control and police independence, the PPS hardly featuring, reflective of the recent political will that it should not be a powerful body. The situation in Sweden gives some indication of a strong PPS but the mixed nature of the system is perhaps reflected in this assignment of tasks. All in all, significant diversity is still to be seen very clearly in relation to which institution a system entrusts with decisions interfering with citizen’s rights. 9 For the forms in which this is regulated, see table 2 in the annex.

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Coping with Overloaded Criminal Justice Systems: The Rise of Prosecutorial Power Across Europe by Professor Dr. Jörg-Martin Jehle, Dr. Marianne Wade (auth.)


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