Private prosecution
This page lists some examples of private prosecution.
Examples
In France, a crime victim can file a civil claim against the accused, and it can be filed in the criminal proceedings. Furthermore, if a judge in France finds a claim to be groundless, the accuser pays the court costs and damages to the accused, and if the accusation is believed intentionally false, charges can be brought against the accuser.
Other countries also allow some private prosecution. Private prosecution was the norm in England until the 20th century. As of 1986, victims in England performed about 3 percent of criminal prosecutions. Germany, like the United States, has created a virtual public monopoly over prosecution, but Germany has two exceptions. First, a class of misdemeanors, including violations such as domestic trespass, can be prosecuted by victims. Second, a crime victim can demand that the public prosecutor pursue a case, and if the demand is refused, the victim can appeal to the court. If the court orders prosecution, the victim can act as a "supplementary prosecutor" to ensure that the public prosecutor adequately presents the case. In Japan, mediation between the accused and the victim occurs before the formal criminal trial, and if the accused admits guilt and pays appropriate restitution the victim writes a letter to the judge that reduces or eliminates punishment. [1]
References
- ↑ Bruce L. Benson. "Crime Control Through Private Enterprise" (pdf), The Independent Review, v.II, n.3, Winter 1998, ISSN 1086-1653, Copyright © 1997, pp. 341–371. Referenced 2013-02-12.