THE AUTHOR SHOWS, BY EXAMINING THE GERMAN PENAL CODE, THAT PROBLEMS SOLVED BY THE WIDE DISCRETION OF THE AMERICAN PROSECUTOR DO NOT EXIST, OR ARE SOLVED BY OTHER MEANS, IN GERMANY. PROSECUTING ATTORNEYS IN WEST GERMANY ARE REQUIRED, EXCEPT IN CERTAIN SITUATIONS SPECIFIED IN THE CODES AND STATUTES, TO PROSECUTE ALL CHARGES FOR WHICH THERE IS SUFFICIENT EVIDENCE TO JUSTIFY A CONVICTION. THE GERMAN PROSECUTOR IS NOT WITHOUT DISCRETION; THE SCOPE OF HIS DISCRETION HAS INCREASED STEADILY AND IS STILL GROWING. UNLIKE THE AMERICAN SITUATION, HOWEVER, THE DISCRETION OF THE PROSECUTOR IN THIS SYSTEM IS STRICTLY LIMITED BY THE CODE OF CRIMINAL PROCEDURE; IT IS GUIDED BY STATUTORY STANDARDS AND, TO A CERTAIN EXTENT, IS CONTROLLED BY THE COURTS. (AUTHOR ABSTRACT)