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NCJRS Abstract

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NCJ Number: 98682 Find in a Library
Title: Sentencing by the Police Prosecutor? Soluble and Insoluble Problems in the Dismissal of Court Proceeding in the Favor of Imposition of Fines as Alternative Action
Journal: Kriminologisches Journal  Volume:16  Issue:1  Dated:(1984)  Pages:8-38
Author(s): TT Weigend
Date Published: 1984
Page Count: 31
Format: Article
Language: German
Country: West Germany (Former)
Annotation: This paper examines certain problems created by the Federal Republic of Germany's authorization of prosecutors to dismiss charges based on certain conditions, notably the chargee's agreement to make payments to the state or to nonprofit organizations.
Abstract: In 1975, Section 153a of West Germany's Code of Criminal Procedure authorized public prosecutors to divert charged persons from formal case processing in certain instances where the alleged offender agrees to make restitution payments. This essay examines whether this transfer of authority to impose sanctions to the prosecutor violates the constitutional allocation of powers. It also considers whether it is possible to provide equal justice in the administration of Section 153a. The pressure placed on the defendant in such a circumstance is also considered. Suggestions for a partial reform of Section 153a are intended to alleviate some of the problems discussed. Thirty-three notes and 55 references are listed. For English summary of this article, see NCJ 98388. (Author Abstract modified)
Index Term(s): Diversion programs; Germany; Prosecutorial discretion; Restitution; Right to Due Process
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