Compulsory prosecution
Encyclopedia
Compulsory prosecution is an aspect of certain justice systems in which the prosecutor
is required to press charges when he has sufficient evidence to support a conviction. This system is used in Germany. It also has been required by the Constitution of Italy
since 1948. The lack of such a requirement in the United States tends to encourage plea bargaining
.
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
is required to press charges when he has sufficient evidence to support a conviction. This system is used in Germany. It also has been required by the Constitution of Italy
Constitution of Italy
The Constitution of the Italian Republic was enacted by the Constituent Assembly on 22 December 1947, with 453 votes in favour and 62 against. The text, which has since been amended 13 times, was promulgated in the extraordinary edition of Gazzetta Ufficiale No. 298 on 27 December 1947...
since 1948. The lack of such a requirement in the United States tends to encourage plea bargaining
Plea bargaining in the United States
Plea bargaining in the United States is very common; the vast majority of criminal cases in the United States are settled by plea bargain rather than by a jury trial. They have also been increasing in frequency - they rose from 84% of Federal cases in 1984 to 94% by 2001. Plea bargains are subject...
.