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CRIMINAL PROSECUTION IN THE FEDERAL REPUBLIC OF GERMANY (FROM RESOURCE MATERIAL SERIES NO. 42, P 91-109, 1992, SEE -- NCJ-147772)

NCJ Number
147778
Author(s)
T Hutt
Date Published
1992
Length
19 pages
Annotation
The reunification of Germany and certain dangerous and increasing forms of crime are creating a wide range of problems for the criminal justice system and prosecution, which require several changes if they are to meet the growing challenges.
Abstract
The forms of crime that are the major sources of concern are terrorism, organized crime, drug-related crime, economic crime, and environmental crime. Recruiting adequate numbers of police is becoming difficult, especially in the eastern part of Germany. The public prosecution service handles most crimes. It operates under the principle of mandatory prosecution, but discontinues proceedings in about 30 percent of cases, based on specific discretionary principles. The role of the German public prosecutor is similar to that of a judge. The proportion of prison sentences has gradually declined in recent decades; the proportion of fines has increased to more than 80 percent. Other alternatives to institutionalization have also received increasing emphasis. Legislative and administrative changes have also been proposed to improve the handling of criminal proceedings. 44 reference notes