Procedure for Compulsory Prosecution in the view of Professor John H. Langbein (Part 1)

Abstract

          The discretion of a prosecutor in the international legal system is examined by both internal and external organizations. As for the discretionary review of the prosecutor’s non-prosecution orders from external organizations, German law establishes the rule of compulsory prosecution. This is one of the important characteristics of German criminal procedure laws. Unlike the German legal system, the American prosecutor’s discretion is uncontrolled all along the line. This is because American prosecutors have tremendous discretion in deciding whether to charge someone with a crime under the separation of powers doctrine. The main difference between American and German prosecutors is the fact that American prosecutors are almost always elected public officials. However, Professor John H. Langbein commented that although prosecutors in both Germany and the United States have the absolute power in prosecuting criminals ( monopoly on criminal prosecution), the German prosecutors have implemented legislation to limit prosecutorial discretion. This differs from the American legal system in which there are no legislative criteria in such cases. The author’s study of such topics aims to apply the concepts in accordance with foreign laws in Thailand, ensuring that a non-prosecution order issued by the Thai public prosecutor complies with international standards.