Prosecution

Question 1

Principle of legality

Answer 1

1. No discretion if sufficient evidence
2. Equality before the law
3. General deterrence
4. No public policy considerations

Question 2

Opportunity principle

Answer 2

1. No compulsory prosecution
2. Requires public interest
3. Individualization of justice
4. Prevents delays and backlogs

Question 3

Prosecution in EN

Answer 3

1. Needs a ‘realistic prospect of conviction’
2. Full code stage
3. Threshold stage used if urgency
   - Suspect must stay in bail because risk
   - Is there reasonable suspicion?
   - Are there reasons to believe that further substantial evidence will be discovered?

Question 4

Prosecution in NL

Answer 4

1. Legality principle
2. Indictment contains:
   - Charges
   - Indicates suspect
   - Clear and understandable wording
3. Summons  Calling defendant to appear at trial

Question 5

Prosecution in GR

Answer 5

1. Opportunity principle
2. Likelihood to be convicted
3. If not prosecuted  Case is discontinued or futher investigation is ordered + Archiving

Question 6

Plea bargain in GR

Answer 6

Inquisitorial and guilt principle (duty to investigate and duty to prosecute based on blameworthiness)

1. For trivial and medium offences only
2. PP applies, judge issues
3. Reasonable suspicion
4. Only minor sanctions imposed (fine, up to 1-year imprisonment)

Question 7

Plea bargain in EN

Answer 7

1. Judge is not involved
2. 1/3 reduction of sentence (if early) til 1/10 (if late)
3. At the earliest possible opportunity
4. Guilty plea  Case goes to Magistrates’ Court
5. Non-guilty plea  Case goes to Crown Court

Question 8

Plea bargain in ECHR

Answer 8

1. Consent:
   - Unequivocal
   - Voluntary
   - In full awareness of facts and consequences
   - Attended by minimum safeguards
   - Must not run counter to public interest
2. Lawful - In compliance with national law
3. Lawyer must be present during agreement
4. Repeated consent also before the judge
5. Content of the agreement and overall process must be fair:
   - Court not bound to agreement
   - Appeal
   - Reviews

Question 9

Full Code Test

Answer 9

1. Sufficient evidence?
   - Judge or jury must be likely to convict defendant
   - Check admissibility, reliability and credibility of evidence
   - If not passed, case does not proceed
2. Public interest:
   - Seriousness of the offence
   - Level of culpability
   - Circumstances
   - Age
   - Impact on community
   - Proportionality (money wise)
   - Sources of information and potential witness protection

Question 10

Safeguards to plea bargain in GR

Answer 10

1. Public hearing
2. Confession must be supported by evidence
3. Indication of sanction range
4. Proportional sanction (cannot be too reduced)
5. Subject must be informed that he does not have to take the deal
6. Judge has an active role
7. Informed that court is not bound
8. Right to appeal