EIRP Proceedings, Vol 5 (2010)

Abstract

Since the control of crime has become an object of study of modern criminology, a series of research has been undertaken on the "decision process" within the framework of police and justice. Regarding the prosecution can observe a strong activity in recent years, specially the U.S., the Netherlands, Germany and France: from the research study by Mr. Davidovich and Mr. Boudon on "social mechanisms of drop prosecution" deserves a primary interest. The "discovery" of the prosecution as a forum for against unfair crime had become indispensable. In so far criminology seeks to analyze the importance of crime not only as an action but also in relation with the reaction it causes, its interest lies necessarily at the preliminary hearing, which is the area of prosecution. For it, even before any court intervention, is able to influence and shape "a decisive structure and scope of the apparent crime because it decides whether a case will be filed or delivered in the hands of the judge [2]. In 1970, police in West Germany gave 3.1 million cases to prosecutors, 72% were classified, while 28% were laid charges.