NCJ Number
98682
Journal
Kriminologisches Journal Volume: 16 Issue: 1 Dated: (1984) Pages: 8-38
Date Published
1984
Length
31 pages
Annotation
This paper examines certain problems created by the Federal Republic of Germany's authorization of prosecutors to dismiss charges based on certain conditions, notably the chargee's agreement to make payments to the state or to nonprofit organizations.
Abstract
In 1975, Section 153a of West Germany's Code of Criminal Procedure authorized public prosecutors to divert charged persons from formal case processing in certain instances where the alleged offender agrees to make restitution payments. This essay examines whether this transfer of authority to impose sanctions to the prosecutor violates the constitutional allocation of powers. It also considers whether it is possible to provide equal justice in the administration of Section 153a. The pressure placed on the defendant in such a circumstance is also considered. Suggestions for a partial reform of Section 153a are intended to alleviate some of the problems discussed. Thirty-three notes and 55 references are listed. For English summary of this article, see NCJ 98388. (Author Abstract modified)