By Professor Dr. Jörg-Martin Jehle, Dr. Marianne Wade (auth.)
The comparative research documented right here was once supported by way of the Fritz-Thyssen origin and the ecu fee. It tested prosecution companies in numerous ecu international locations desiring to comprehend their nationwide position and serve as in the respective felony justice process and thereby to spotlight universal gains and critical adjustments among eu structures. The prosecution provider is considered part of the felony justice method; a coherent approach stressed to accommodate excessive numbers of instances. inside the program the prosecution point is more and more changing into the decisive degree lowering its workload via simplified equipment and proceedings.
The examine was once performed through a community of specialists from England and Wales, France, Germany, the Netherlands, Poland and Sweden so one can advance universal questions and information assortment thoughts and to assemble the country-specific info required to permit comparability. The research offers with a space during which little examine has been performed and that's more and more changing into the valuable, decision-making point of evolving legal justice structures, with far-reaching results for society and the elemental rules of felony law.
This publication contains:
- A Comparative Part
- Aim and process of the Study
- Comparative information 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
For the rest of the project period bi-lateral discussions and meetings took place to ensure high quality, comparable data were attained. Simultaneously an initial evaluation of all six country responses was undertaken and comparative tables to reflect the situation in all study countries prepared. These were then discussed at a second partner meeting with all project partners attending. During this discussion, misunderstandings, inaccurate comparisons, problems etc. were identified and solutions explored.
Whether other systems feel the current balance to be correct or move towards more factual PPS control or legally-anchored police independence, remains to be seen. 8 Unless, of course, it was initiated by or reported directly to the PPS – the latter is often the case in Sweden, in such cases the PPS will at least be aware that an investigation has begun. The Power to Decide – Prosecutorial Control, Diversion and Punishment in Europe 49 Table 8 again confirms this more pragmatic approach to PPS involvement in all but the most serious cases.
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.