My own experience of the Spanish, Italian and Portuguese prosecution authorities is that if in doubt...PROSECUTE.
That's interesting John
Do you feel able to share ? ... what experience of Spanish, Italian and Portuguese prosecution authorities do you have ?
Most of continental European countries worked a system of law based on Roman/ Napoleonic Law not Common Law. This affects attitudes in police and justice operations.
The common law system is based on scepticism and led to an ethic that included presumption of innocence, habeus corpus, individua freedom being more important than the dominance of the state. It also includes policing by consent.
The continental system is based on dominance by the state which made individual rights subservient to the state. Policing was by coercion.
The last 70 years have seen considerable moves towards a common law ethic by continental countries but there is a hangover of attitudes. This is especially apparent in those countries who were ruled by totalitarian ( fascist and state socialist- communist) countries).
Police procedures in those states tend to be more coercive, less by consent and less skeptical.
