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Abstract:
This Sino-German research on non-prosecution policies aims at identifying how the Chinese and German legal systems deal with the complex relationships between rule of law, procedural efficiency and control, and equal treatment of defendants in normative and practical terms. The study focuses on the extent to which police and prosecutors make use of diversion and whether specific non-prosecution patterns can be identified. To achieve this goal, statistical data on decision-making by public prosecutors or police were collected. In addition, high-ranking prosecutors in Germany and the People's Republic of China - including the Special Administrative Region of Hongkong - were presented with several fictitious case scenarios in order to explore their attitudes toward for the dismissal of cases without criminal trial or sentence.
