In common law, the principle of prosecutorial discretion allows public prosecutors a wide latitude to decide whether or not to charge a person for a crime, and which charges to file.[1] A similar principle in continental law countries is called the principle of opportunity.
There is a divide between countries where prosecutions are generally discretionary and where prosecutions are mandatory (known as the legality principle or compulsory prosecution).[2] In addition, in some countries prosecutors operate independently with more discretion vs in a hierarchical system that require more conformity.[3]
Countries following civil-law are predominately based on the principal of compulsory prosecution,[4] although the principle of opportunity is encoded in law in the Netherlands, Germany, Sweden, Slovenia, Belgian law and France. Some similar provisions exist in and in Estonian law.[5]
One possibility for making the criminal procedure more speedy and effective in Estonia is the application of the principle of opportunity instead of the principle of legality which governs at present. The author also introduces the provisions concerning the principle of opportunity as proposed in the draft Estonian Criminal Procedure Act. Under the draft act, the principle should be applied as an exception rather than a rule