Finally, prosecutors have to understand that criminal investigations are about the rationale of punishment, and there are more ways to deal with minor offenders than by custodial sentences or fines.
If prosecutors are sending these minor offenders to court when the nature of their crime does not warrant it, does it make sense that, according to the system, the courts are only allowed to deliver guilty or not-guilty verdicts? Perhaps we should look to Germany, where the courts are obliged to drop a case if both the prosecution and the defendant give their consent.
Hsu Tze-tien is an associate professor in the College of Law at National Cheng Kung University.
Translated by Paul Cooper