Legalitätsprinzip und Normgeltung

The principle of mandatory prosecution of an offence, which obligates the prosecuting authority to take action if there is the slightest suspicion a crime has been committed, has been subjected to far-reaching restrictions, in particular due to the recognition of so-called relative theories on the purpose of punishment whose objective is to prevent further criminal offences. Mark Deiters shows that it is impossible to do without the principle of mandatory prosecution in spite of the changes which have taken place in the understanding of the purpose of punishment. The process of ascertaining the facts of a case is also necessary for confirming the applicability of laws even if punishment is unnecessary in spite of a confirmed suspicion. This reasoning justifies the principle of mandatory prosecution not only regardless of the outdated purpose of punishment, which is retaliatory justice; it also permits a more realistic and thus practical interpretation of its legal content at the same time.The author explains this interpretation, using a detailed proposal for legislation which results in important insights for the idea of a future European public prosecutor's office.