NCJ Number
224463
Journal
European Journal on Criminal Policy and Research Volume: 14 Issue: 2-3 Dated: August 2008 Pages: 191-201
Date Published
August 2008
Length
11 pages
Annotation
This article analyzes the complex relationship of Public Prosecution Service (PPS) and police with tendencies to police’s independence in investigations, and focuses on the legal and practical possibilities of the police to either end criminal cases autonomously or to contribute to the final PPS decisions or at the end of the investigative stage.
Abstract
What is seen is a current European trend to give more power to the police. The trend goes towards a drop/disposal of a case for public interest reasons in combination with a certain condition to be fulfilled or a fixed administrative fine to be paid by the offender. However, what is shown in all countries but Sweden, police do not have the power to make a final decision to drop because of insufficient evidence independently. The Public Prosecution Services (PPS) decision can only be prepared and thus anticipated by police, but the PPS still has to formally agree to that proposed decision. In all study countries from this thematic review, the PPS as prosecuting body has jurisdiction for all kinds of offenses. Generally, it is the PPS which, at the end of the investigatory stage, decides about further prosecution or about dropping the case for any reason. This article refers to the function of the police within the criminal justice systems in various European countries. It focuses on the legal and practical possibilities of the police to either end criminal cases autonomously or to contribute to the final PPS decisions or at the end of the investigative stage. Normally police hand on evidentially sufficient cases to the PPS at least at the end of the investigatory stage in all countries. Tables and references