International Summaries: Sentencing by the Public Prosecutor? Soluble and Insoluble Problems in Dismissal of Court Proceeding in Favor of Imposition of Fines as Alternative Action.

• NCJ Number: 98388
• Author(s): T Weigend
• Date Published: Unknown
• Length: 4 pages
• Contract Number(s): J-LEAA-023-77
• Sponsoring Agency: National Institute of Justice (NIJ); US Dept of Justice NIJ Pub
• Corporate Author: National Institute of Justice/NCJRS
• Sale Source: National Institute of Justice/; National Institute of Justice/
• Language: English
• Country: United States of America
• Note: This article was originally published in West Germany in 1984. NIJ/NCJRS international summary of "Strafzumessung durch den Staatsanwalt? Losbare und unlosbare Probleme bei der Verfahrenseinstellung unter Auflagen (NCJ-98682).

Annotation

This paper examines some problems associated with West Germany's amendment to the Code of Criminal Procedure which authorizes the public prosecutor to dismiss charges when the defendant agrees to pay a fine.

Abstract

The amendment, Section 153a (enacted in 1975), raises the following issues: (1) the transfer of sentencing powers from the judiciary to the public prosecutor, (2) the danger of the unequal application of the option of dismissal, and (3) pressure on the defendant to accept the option. To deal with these issues, the author recommends the elimination of the possibility of dismissing charges and imposing a fine after indictment. It is also recommended that the fine be set in a division of the prosecutor's office not involved in preliminary inquiries. To parallel the individualization of judicial sentencing, the prosecutor should be required to collect information on the defendant's background and circumstances. The payment of fines should be based on the defendant's daily payment of fines should be based on the defendant's daily income amount, with the minimum fine being 20 days' income and the maximum being 30 days' income. The law should be amended to specify certain conditions under which the public prosecutor must propose dismissal of charges under Section 153a. Finally, dismissal of charges after a fine payment should be offered as an alternative only with the court's consent.