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The Beginning of the Expediency and Grounds for the Termination of a Criminal Case and Criminal Prosecution in the German Criminal Process
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The Beginning of the Expediency and Grounds for the Termination of a Criminal Case and Criminal Prosecution in the German Criminal Process
Abstract
PII
S1991-32220000622-3-1
DOI
10.61205/S199132220028249-9
Publication type
Article
Status
Published
Authors
Yana Ploshkina 
Occupation: Associate Professor, Department of Criminal Procedure and Criminalistics, Law Institute
Affiliation: Siberian Federal University
Address: Krasnoyarsk, Russia
Edition
Volume 20 No. 2
Pages
37-47
Abstract

Currently, the principle of expediency, characteristic of the Anglo-Saxon criminal procedure, penetrates into continental criminal proceedings, in particular into the German criminal procedure. Since the second half of the 20th century, the principle of expediency has been actively introduced into the German criminal process, which historically was characterized by the beginning of legality. The beginning of expediency acquires particular significance when a criminal case and criminal prosecution are terminated. The introduction of the principle of expediency in criminal proceedings contributes to the optimization of the criminal process and the implementation of the principle of procedural economy.

The article examines the beginning of expediency in the German criminal process, which is perceived ambiguously in science, but is becoming increasingly widespread in law enforcement, which is confirmed by statistical data from the Federal Office of Statistics of Germany. The work examines the grounds for termination of a criminal case and criminal prosecution in the German criminal process based on the beginning of legality and expediency; the most common classification in German legal science of the grounds for termination of a criminal case and criminal prosecution on grounds of expediency is given, depending on the imposition of burdens on the accused in the form of his fulfillment certain duties or instructions and analyzed individual grounds for termination of a criminal case and criminal prosecution, in which the beginning of expediency is most clearly manifested in the German criminal process. According to the principle of expediency, the prosecutor̓s office in German criminal proceedings, as the body authorized to initiate criminal prosecution, has the right in each individual case, at its own discretion, to assess the advisability and necessity of criminal prosecution and decide whether to bring public charges or to terminate the criminal case or criminal prosecution.

Familiarity with the German criminal process in terms of introducing into it the principle of expediency when terminating a criminal case seems informative and useful for a better understanding and further development of the Russian criminal process, for its possible differentiated regulation.

Keywords
the beginning of expediency, the beginning of legality, grounds for termination of criminal prosecution and case, German criminal procedure
Date of publication
19.04.2024
Number of purchasers
3
Views
59
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