Defining and Registering Criminal Offences and Measures - Oapen

K. Prosecution
1. Starting point
The work on this chapter was characterized by the implementation of findings of
another AGIS-project which took place partially in parallel with this project. 49
Based on former experiences of the ESB project, a study on the function of
the Public Prosecution Service (PPS) in European comparison was conducted.
The production of the ESB chapter on public prosecution had highlighted a lack
of comparable statistical and legal information. Thus the idea for an in-depth
study on PPS functions was born.
Starting point of this comparative study was the assumption that European
Criminal Justice Systems are under pressure of a high work load: In consequence
of this, large proportions of mass crimes are not brought before court, but are
ended at earlier stages of the criminal justice system with the Public Prosecution
Service (PPS) as the key player in terms of selection and diversion of criminal
cases. However, this selective function of PPS differs from country to country
according to its legal status and competencies. Especially when certain forms of
49 See above, A.2.2. Also see JEHLE / WADE (eds.): Coping with Overloaded Criminal Justice
Systems, Heidelberg: Springer 2006 and the articles published in the European Journal on
Criminal Policy and Research, issues 2-3, vol. 14, 2008: Special Issue: Prosecution and Diversion
within Criminal Justice Systems in Europe, guest edited by WADE / JEHLE.