A STUDY OF THE GERMAN PROSECUTORS' DISCRETION, AND THE FACTORS WHICH CONTRIBUTE TO THE EFFECTIVE ADMINISTRATION OF JUSTICE IN GERMANY, INDICATES THAT THE PROSECUTORS' DECISIONMAKING IS BASED IN 'THE PRINCIPLE OF LEGALITY' WITH DISCRETION BEING LEFT ONLY TO A NARROW RANGE OF PETTY OFFENSES. AS THE CRIME PROBLEM INCREASED IN GERMANY THE SYSTEM OF PROSECUTION WAS UNABLE TO MEDIATE BETWEEN THE INCREASED CASELOAD AND THE AVAILABLE COURT RESOURCES. THE GERMAN LEGISLATURE WAS COMPELLED TO DECRIMINALIZE MANY OFFENSES RATHER THAN ALTER THE SYSTEM. IN 1975, MANY PETTY OFFENSES WERE DECRIMINALIZED, AND VICTIMS WERE REQUIRED TO REQUEST PROSECUTION FOR MOST PROPERTY CRIMES. IMPRISONMENT FOR MANY CRIMES HAS BEEN REPLACED BY FINES. THE MOST CONTESTED OF THE REFORMS HAS BEEN THE PROSECUTORS' POWER TO DROP CHARGES IN CERTAIN CSES IN EXCHANGE FOR THE SUSPECTS' AGREEMENT TO REPAIR THE DAMAGE OR PAY A FINE. FURTHER DISCUSSION CONCERNS THE ORGANIZATION OF THE PROSECUTORS' OFFICE IN GERMANY AND THE USE OF LATENT DISCRETION BY THE PROSECUTORS. SUCH DISCRETION IS EXERCISED FAR BEYOND THE EXTENT AUTHORIZED BY LAW. THE INVESTIGATIVE ASPECT OF THE PROSECUTOR'S OFFICE IS EXAMINED. TABULAR DATA, REFERENCES, AND NOTES ARE PROVIDED. (TWK)