Summary: Unity And Diversity Of The Public Prosecution Services In Europe

Read the summary and the most important questions on Unity and diversity of the Public prosecution services in Europe

• 1 Types of decisions

• What are the two types of judicial decisions in criminal matters?

  1. Orders, which are not made during court hearings. During criminal process, the council section of a court can deliver a decision in the form of an order if the law des not prescribe that this decision must be made in the form of a judgement
  2. judgements made during the court hearing. There are three types of judgement : accessory, final and intermediate. 

• What is the most important internal control on the work of prosecutors in Scotland?

  1. Guidelines, issued by the Crown Office, with the objective of chieving consistency in prosecutors' decision making

  2. Return of statistics from the 49 seperate procurator fiscal offices. 

• What is special about prosecutor in the US (district attorney)?

  They can exert considerable influence over police investigations. They may have investigative teams attached to them and on occasion conduct special investigation. 

• What is the core function of prosecution service?

  Prosecution is about filtering out cases that should not go to court. That requires rules and guidelines to decide how cases should be processed once they have reached the stage of prosecution. 

• Where is the opportunity principle applied an what does that mean?

  In France, Belgium and Netherlands, here the levels of prosecutorial discretion are high. Prosecutions are brought only if they deemed to be in the public interest. 

• What is the principle of legality and where is it applied?

  (ex officio), it means that prosecutions should be brought for every crime that comes to the attention of the prosecution office for which there is sufficient evidence. Germany has it.

• What causes the biggest differences in prosecution between different countries?

  The relation between police and prosecution has a wholly different footing. The role of prosecutors in court differs as well, and cannot be understood without understandings how jurors and defense counsels.play their role in court.

• What is the difference in mechanism for quality control between the adversarial and inquisitorial system? 

  In inquisitorial systems the usual mechanism for quality control is review. In adversarial systems the safeguard is one of independence. 

• 2 Organisation of the Dutch PPS

  This is a preview. There are 4 more flashcards available for chapter 2
  Show more cards here

• The Dutch preparatory proceedings comprise several phases, name them.

  1. Investigation phase

  2. Criminal process

  3. Prosecution phase 

  
  

• Why are public prosecutors in constant contact with police officers? 

  According to article 141 CPC only public prosecutors have the right to lead investigate criminal matters themselves or to order other officials to carry out certain orders. Public prosecutors are responsible for the legality of the investigative phase of a process. This responsibility does not end with the institution of a preliminary judicial investigation