Prosecutorial discretion

In common law, the principle of prosecutorial discretion allows public prosecutors a wide latitude to decide whether or not to charge a person for a crime, and which charges to file.^[1] A similar principle in continental law countries is called the principle of opportunity.

There is a divide between countries where prosecutions are generally discretionary and where prosecutions are mandatory (known as the legality principle or compulsory prosecution).^[2] In addition, in some countries prosecutors operate independently with more discretion vs in a hierarchical system that require more conformity.^[3]

Countries following civil-law are predominately based on the principal of compulsory prosecution,^[4] although the principle of opportunity is encoded in law in the Netherlands, Germany, Sweden, Slovenia, Belgian law and France. Some similar provisions exist in and in Estonian law. ^[5]