When a prosecutor is deciding how to dispose of a child abuse case, to which body may an investigation be requested, and who then carries it out?
General information · Not legal advice
Material to check
In a practice file we read the papers placing the case before the prosecutor, the request the prosecutor sent and the address of the actor or location of the district public prosecution office shown on it, and any written report received in response, to see which probation office was asked and why.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision on its own terms: a prosecutor who considers it necessary in order to decide on transferring the case to child protection proceedings, bringing a prosecution, or deferring prosecution may request the chief of the probation office having jurisdiction over the actor's residence, or the place where the local public prosecution office or its branch is located, to investigate the actor's history, living environment, child-rearing ability or other necessary matters.
Another reading notes that the request is directed to the chief of that probation office, not to the actor or related persons, who are drawn in only where the chief finds it necessary, by having a probation officer require them to appear and give statements; the provision leaves open what follows where no probation office answers to either connecting factor.
Your judgment
If the actor's residence and the seat of the district public prosecution office lie in different areas, which probation office holds jurisdiction to receive the request?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to change the connecting factors or the bodies that may be asked, or if a court decision settles which probation office must answer a request under it.