Compulsory prosecution
Compulsory prosecution is an aspect of certain justice systems in which the prosecutor is required to press charges if there is sufficient evidence to support a conviction. This stands in contrast with discretionary prosecution, where prosecutors are given a wide latitude whether and how to prosecute.
Compulsory prosecution system is used in Germany.[1] It has also been required by the Constitution of Italy since 1948.[2] In the United States and other countries that do not require compulsory prosecution, the lack of such a requirement has a tendency to encourage the practice of plea bargaining.[3]
A 2012 comparison in the context of game theory suggests "that mandatory prosecution outperforms discretionary prosecution when evidence transmission from the prosecutor to the judge is accurate and/or when the cost of litigation incurred by the prosecutor is large."[4]
See also
[edit | edit source]References
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