Compulsory prosecution

Compulsory prosecution is an aspect of certain justice systems in which the prosecutor is required to press charges when he has sufficient evidence to support a conviction. This system is used in Germany.[1] It has also been required by the Constitution of Italy since 1948.[2] In the United States and other countries that do not require compulsory prosecution, the lack of such a requirement has a tendency to encourage the practice of plea bargaining.[3] A 2012 comparison in the context of game theory suggests "that mandatory prosecution outperforms discretionary prosecution when evidence transmission from the prosecutor to the judge is accurate and/or when the cost of litigation incurred by the prosecutor is large."[4]

References
  1. Herrmann, Joachim (1973–1974), The Rule of Compulsory Prosecution and the Scope of Prosecutorial Discretion in Germany, 41, U. Chi. L. Rev., p. 468
  2. Carlo Guarnieri (January 1997), "The judiciary in the Italian political crisis", West European Politics, 20 (1): 157–175, doi:10.1080/01402389708425179
  3. JE Ross (2006), "The Entrenched Position of Plea Bargaining in United States Legal Practice", The American Journal of Comparative Law, 54: 717–732, doi:10.1093/ajcl/54.suppl1.717, JSTOR 20454559
  4. Nakao, Keisuke and Tsumagari, Masatoshi, Discretionary vs. Mandatory Prosecution: A Game-Theoretic Approach to Comparative Criminal Procedure (March 4, 2012). Asian Journal of Law & Economics, Vol. 3, Iss. 1, Article 6, 2012. Available at SSRN: https://ssrn.com/abstract=2015779 or http://dx.doi.org/10.2139/ssrn.2015779


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