Opportunitätsprinzip

Opportunitätsprinzip, also known as the principle of expediency or discretion, is a legal principle that grants prosecuting authorities the discretion to decide whether or not to pursue criminal charges against an individual. This principle is found in many legal systems, particularly in civil law jurisdictions. It acknowledges that not all criminal offenses, even if technically proven, warrant formal prosecution. Factors influencing this decision can include the severity of the offense, the harm caused, the perpetrator's circumstances, and the availability of resources. The underlying idea is to ensure that the criminal justice system is used efficiently and effectively, focusing on more serious cases and allowing for alternative resolutions in less significant ones. This might involve issuing a warning, imposing a fine without a formal court appearance, or diverting the individual to rehabilitation programs. The application of the Opportunitätsprinzip aims to balance the need for legal accountability with practical considerations and the broader interests of justice. It contrasts with the Legalitätsprinzip, or principle of legality, where prosecuting authorities are generally obligated to prosecute all offenses they become aware of.