A study on the disposition of the petty offenses in West Germany : A comparative study on German system and Japanese system
| Project/Area Number |
59520026
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| Research Category |
Grant-in-Aid for General Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Research Field |
Criminal law
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| Research Institution | Osaka City University |
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Principal Investigator |
MITSUDO KAGEAKI (1986) OSAKA CITY UNIVERSITY, FACULTY OF LAW, 法学部, 教授 (10046930)
光藤 景皎 (1984-1985) 大阪市立大学, 法学部, 教授
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| Project Period (FY) |
1984 – 1985
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| Project Status |
Completed (Fiscal Year 1986)
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| Budget Amount *help |
¥1,100,000 (Direct Cost: ¥1,100,000)
Fiscal Year 1985: ¥400,000 (Direct Cost: ¥400,000)
Fiscal Year 1984: ¥700,000 (Direct Cost: ¥700,000)
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| Keywords | petty offenses / decriminalization / diversion / discretionary nonprosecution / 起訴法定主義 |
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| Research Abstract |
The German prosecutor submits the rule of compulsory prosecution,but in fact most punishable conduct falls outside that rule and is selectively prosecuted.
(1) Petty misdemeanors has been now abolished ; most of these offenses were turued into petty infraction. Penance money which in this procedure can be inflicted is not reckoned as a criminal sanction for purposes of criminal record keeping.
The system of the petty infraction can be regarded as a sort of decriminalization. (2) The German rule of compulsory prosecution, is sharply limited by the counterpriniple, descretionary nonprosecution, set forth in StPO Art.153-154.
In the literature this system of discretionary nonprosecution of misdemeanors is regarded as arising out of the same plicies that led to decriminalization.
Neverthless, the conditional nonprosecution (StPO Act.153a) which came into force in 1975, is criticized by many authorities.
(3) For a narrow class of misdemeanors, mostly designed to protect private dignitary and property interests, German Law does allow private prosecution.
As the prosecution is in fact warranted only if the victim is sufficiently disturbed to desire that criminal sanctions be invoked, this system of private prosecution can be regarded as a sort of decriminalization, too.
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Report
(1 results)
Research Products
(4 results)
