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.

The principle of opportunity is encoded in law in the Netherlands, Germany, Sweden, Slovenia and France. Some similar provisions exist in Belgian law and apparently[clarify] in Estonian law. [2] By contrast, in the countries that do not follow the principle of opportunity, compulsory prosecution applies, and the cancellation of the prosecution of a known felony can itself be considered a felony.[citation needed]

  1. ^ "What is Prosecutorial Discretion?". Findlaw. April 11, 2019. Retrieved January 16, 2023.
  2. ^ Ploom, Tristan (2000). "Principle of opportunity". Juridica (VI). Estonia: 369–376. ISSN 1406-1074. Retrieved 6 December 2009. One possibility for making the criminal procedure more speedy and effective in Estonia is the application of the principle of opportunity instead of the principle of legality which governs at present. The author also introduces the provisions concerning the principle of opportunity as proposed in the draft Estonian Criminal Procedure Act. Under the draft act, the principle should be applied as an exception rather than a rule

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