Tom Vander Beken and Annelies Balcaen, Discretionaire bevoegdheid van het openbaar ministerie in strafzaken: tussen rechter en ambtenaar?, Lawforce working paper 2009/2
In the criminal sanctioning track, several policy niches exist where different actors have discretionary decision powers. However, the actor ‘s discretionary powers are limited by material and procedural safeguards. The central question in the working paper concerns these safeguards. In the criminal track, there are two key actors with huge freedom in their decision making, namely the public prosecutor and the judge. In the working paper, only the safeguards framing the discretionary power of the public prosecutor are discussed.
Full paper (Dutch) here