Defining and Registering Criminal Offences and Measures - Oapen

Prosecution 181
Concerning the criminal cases handled by the prosecuting authority (input, output
and, pending cases)
Indicate
whether included
or
excluded
incl. excl.
Include the following:
Cases reported to the prosecuting authority by other institutions
(e.g. customs, other non-police authorities)
Cases where the offender remained unknown
(if applicable, if not please specify)
Exclude the following
Cases dropped, conditionally disposed of or sanctioned by the police
(see below, question G to tables 2.1 and 2.2)
The differentiation between ‘cases brought before a court’ (formal charge) and
the different types of prosecutorial decisions is not simple. It depends on how
far the court is involved in the public prosecutor’s decision-making. For example,
the prosecutor may be empowered to impose conditions for dropping
the case, with or without the court’s consent.
In other cases, sanctions can be imposed by the public prosecutor (or by the
court, but on application of the prosecutor and without a formal court hearing).
These lead to a formal verdict and count as a conviction (e.g. a penal order
– Strafbefehl in Germany, where the prosecutor brings a motion for a fine
to be issued by the court after a summary review). This could be regarded (or
counted in the statistics) as a sanction of the public prosecutor or a case
brought before the court. If possible, it should be counted as a sanction imposed
by the prosecutor.
Disposal categories (output data)
Cases brought before a court
(e.g. indictment, acte d’accusation, Anklageschrift)
Indicate
whether
included or
excluded
(if n/a, please
explain why)
incl. excl.