The Head Prosecutor: Puppet Master of Prosecutorial Sentencing?

• In Event: Prosecutorial Decision-making and the Prosecutorial Process, Alternatives to trial Panel

Abstract

European sentencing research has traditionally revolved around the judge, often neglecting the role of other stakeholders. Sentencing, however, is a complex process shaped by various criminal justice actors and their interactions. These actors likely influence sentencing disparities–a long observed but unresolved issue of criminal sentencing. Among these actors, prosecutors–and their sentence recommendations–arguably have the largest impact.

This paper examines Czech head prosecutors as key sentencing actors that, through hierarchical accountability, can determine the severity of recommended sentences and contribute to enhancing their consistency. First, the study introduces a theoretical framework for the prosecutorial role in sentencing. Second, it provides novel evidence on the head prosecutor’s oversight power, factors influencing the scope of oversight, and the impact it has on different prosecutors. To this end, the paper draws on a unique dataset from one district prosecutor’s office in Czechia, compiled from case files and questionnaires, encompassing all sentence recommendations issued in 2024 and linked to case-level administrative data.

Despite having the power to significantly influence sentence severity and consistency, the head prosecutor has not yet been comprehensively studied. This paper addresses that gap by offering a theoretical framework and using innovative data to systematically analyze the head prosecutor’s interventions, disentangle the underlying decision-making processes, and provide a fresh perspective on the relationship between the recommended sentence and the consistency of the imposed sentence.

Author

• Alena McClure, Faculty of Law, Charles University