Prosecutorial discretion
Principle in numerous legal systems
In common law, the principle of prosecutorial discretion allows public prosecutors a wide latitude to decide whether or not to charge a person for a crime, and which charges to file. A similar principle in continental law countries is called the principle of opportunity.
Nº Q11636127 ★★
Uncommon · Knowledge
Prosecutorial discretion
Principle in numerous legal systems
In common law, the principle of prosecutorial discretion allows public prosecutors a wide latitude to decide whether or not to charge a person for a crime, and which charges to file. A similar principle in continental law countries is called the principle of opportunity.
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From Wikipedia
In common law, the principle of prosecutorial discretion allows public prosecutors a wide latitude to decide whether or not to charge a person for a crime, and which charges to file. A similar principle in continental law countries is called the principle of opportunity. There is a divide between countries where prosecutions are generally discretionary and where prosecutions are mandatory (known as the legality principle or compulsory prosecution). In addition, in some countries prosecutors operate independently with more discretion vs in a hierarchical system that require more conformity. Countries following civil law are predominately based on the principle of compulsory prosecution, although the principle of opportunity is encoded in law in the Netherlands, Germany, Sweden, Slovenia, Belgian law and France. Some similar provisions exist in and in Estonian law.
Text: Wikipédia, CC BY-SA 4.0. ·
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