Compulsory prosecution

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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.[1] It has also been required by the Constitution of Italy since 1948.[2] The lack of such a requirement in the United States tends to encourage plea bargaining.[3]


  1. ^ Herrmann, Joachim (1973–1974), The Rule of Compulsory Prosecution and the Scope of Prosecutorial Discretion in Germany, 41, U. Chi. L. Rev., p. 468 
  2. ^ Carlo Guarnieri (January 1997), The judiciary in the Italian political crisis, 20 (1), West European Politics, pp. 157–175, doi:10.1080/01402389708425179 
  3. ^ JE Ross (2006), The Entrenched Position of Plea Bargaining in United States Legal Practice, The American Journal of Comparative Law, JSTOR 20454559