[carboncopy]

That is absurd; prosecutions decline to pursue cases all the time.

Look at the enormous change in U.S. police prosecutions in the last couple of years due to public pressure. I seriously doubt the amount of misconduct drastically increased.

[CaptainZapp]

Uhh, and the US judical system with almost unfettered power for a prosecutor has what exactly to do with the German one?

[carboncopy]

They're both representative forms of government with adversarial systems of law.

Though CaptainZapp's reply was low-signal, snarky, and redundant with her/his down vote, it did inspire me to learn more about German law.

It appears that by statute, German prosecutors have little discretion when it comes to pursuing convictable cases. They may only nonprosecute minor offenses, i.e. those with sentences of less than one year. However, there are exceptions that are applied by prosecutors that could apply to this case. One is the "serves the public interest" exception; another is the "may damage state interests" exception. Either way, the answer isn't cut and dry and contains way more nuance than my original comment and its reply suggest.

[1]. http://law.jrank.org/pages/1855/Prosecution-Comparative-Aspe...