Agis 2004
- I.1 Do the police have power to channel an offence aside without further involvement of the criminal justice system?
- I.2 Through what methods?
- I.3 Does the prosecution service have possibilities to regulate the influx of cases sent in by the police?
- I.4 Which possibilities exist to regulate the influx?
- I.5 May the prosecution service exercise influence on the choice of the police to investigate or not to investigate?
- I.6 What influence can the prosecution service apply?
- I.7 Can the prosecution service refuse to proceed with a case, after the case has been investigated and sent in by the police, on grounds other than the application of the expediency principle, or other than technical reasons?
- I.8 What are these grounds?
- I.9 Are discontinued cases registered as cases processed by the prosecution system?
- I.10 Can the public prosecutor be involved in the police investigation process from the moment it is started up?
- I.11 In which cases?
- I.12 Which special investigation methods?
- I.13 Which coercive measures?
- I.14 Does the prosecution service have the power to decide on the scope of the police investigation?
- I.15 Does the prosecution service have the power to give instructions to the police, which cases have to be further investigated and which cases have to be discontinued?
- I.16 What decisions may be taken by the prosecution service on a file sent in by the police?
- I.17 On what main grounds can non-prosecution take place?
- I.18 What are the main technical/legal reasons?
- I.19 What is the main diversionary measure?
- I.20 What is the main simplified procedure?
- I.21 What other decisions?
- I.22 Are the decisions referred to in question 16, taken by the public prosecutor himself?
- I.23 If the prosecutor himself does not take the decision, then who does?
- I.24 Who supervises a prosecutorial decision not taken by the prosecutor?
- I.25 For a decision referred to in question 16, does the prosecutor need consent from others?
- I.26 In case of non-prosecution due to expediency principle, who needs to give his consent?
- I.27 In case of non-prosecution for technical and legal reasons, who needs to give his consent?
- I.28 In case of a diversionary measure, who needs to give his consent?
- I.29 Who gives his consent in case of a simplified procedure?
- I.30 Who decides on a charge in the indictment?
- I.31 Which judge and what procedure is applied?
- I.32 May the charge be changed while the case is pending in court?
- I.33 Under which circumstances?
- I.34 May the charge/indictment be withdrawn while the case is pending in court?
- I.35 Who has the right to withdraw the charge?
- I.36 Who needs to give his consent for the withdrawal of the charge?
- I.37 What happens with the case after the withdrawal of the charge?
- I.38 Is the formulation of the charge for (certain) crimes standardised?
- I.39 Who standardises the formulation of the charge for (certain) crimes?
- I.40 May a court trial be expedited after an agreement (Verfahrensbeendende Absprachen/bargaining)?
- I.41 Which parties are involved in an agreement as a rule?
- I.42 What is the content of such an agreement as a rule?
- I.43 Who must consent to the agreement?
- I.44 Does the public prosecutor request or suggest which sentence the court should impose at the end of the court trial?
- I.45 Do instructions or guidelines exist on what sentence to request or suggest?
- I.46 Are these instructions made public?
- I.47 What is the source of these instructions (if possible URL-website)?
- I.48 Who issues these instructions?
- I.49 What is – overall – the content of these instructions?
- I.50 Are these instructions restricted to sentence requests for specific types of crimes?
- I.51 For what types?