In the present work we touch on the realization of the principle of inevitability in juridical responsibility for the committed offences. At the same time, in various states of the world, alongside this principle, there is applied the “discretionary law”, which permits the organs of prosecution not to sue the offender at law, and the law instances - to condone and free him from penal punishment. “The discretionary law” in legal prosecution is illustrated by the author by examples of its application in different countries (Great Britain, FRG, France, etc.).