PROSECUTING ATTORNEYS IN WEST GERMANY ARE REQUIRED, EXCEPT IN CERTAIN SITUATIONS SPECIFIED IN CODES AND STATUTES, TO PROSECUTE ALL CHARGES FOR WHICH THERE IS SUFFICIENT EVIDENCE TO JUSTIFY A CONVICTION. THE GERMAN PROSECUTOR IS NOT WITHOUT DISCRETIONARY POWER, AND THE SCOPE OF HIS DISCRETION HAS INCREASED STEADILY. HOWEVER, UNLIKE THE AMERICAN SITUATION, THE GERMAN PROSECUTOR'S DISCRETION IS STRICTLY LIMITED BY LAW, IS GUIDED BY STATUTORY STANDARDS, AND, TO SOME EXTENT, IS CONTROLLED BY THE COURTS. THE ORIGIN OF THE IDEA OF COMPULSORY PROSECUTION IN THE WEST GERMAN SYSTEM IS DISCUSSED, AND THE RATIONALE FOR MAKING THE CONCEPT THE FUNDAMENTAL PRINCIPLE GOVERNING THE PROSECUTOR'S ACTIVITIES IS EXAMINED. A REVIEW OF THE GERMAN PENAL CODE REVEALS THAT PROBLEMS SOLVED BY PROSECUTORIAL DISCRETION IN THE UNITED STATES DO NOT EXIST, OR ARE SOLVED BY OTHER MEANS, IN WEST GERMANY. THE EXTENT OF THE WEST GERMAN PROSECUTOR'S DISCRETION, ITS LIMITS, AND ITS PATTERNS -- BOTH IN THEORY AND IN PRACTICE -- ARE EXAMINED AT LENGTH. COMPARISONS ARE DRAWN BETWEEN WEST GERMANY AND THE UNITED STATES WITH REGARD TO COMPULSORY PROSECUTION, UNCONTROLLED DISCRETION, AND CONTROLLED DISCRETION. QUESTIONS ABOUT THE AMERICAN PROSECUTORIAL SYSTEM ARE RAISED IN LIGHT OF THE COMPARISONS.