A prosecutor is a legal example of the prosecution in states with either the common law adversarial system or the civil police inquisitorial system. The pursuance is the legal party responsible for presenting the case in a criminal trial against an individual accuse of breaking the law. typically, the prosecutor represents the state or the government in the font brought against the accuse person .
prosecutor as a legal professional [edit ]
Prosecutors are typically lawyers who possess a law degree, and are recognized as legal professionals by the woo in which they intend to represent company ( that is, they have been admitted to the bar ). They become involved in a criminal case once a distrust has been identified and charges need to be filed. They are employed by an office of the government, with safeguards in place to ensure such an function can successfully pursue the prosecution of government officials. multiple offices exist in a single nation, specially in those countries with federal governments where reign has been bifurcated or devolved in some way.
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Since prosecutors are backed by the exponent of the state, they are subject to special professional province rules in addition to those binding all lawyers. For model, in the United States, Rule 3.8 of the ABA Model Rules of Professional Conduct requires prosecutors to “ make timely disclosure to the defense of all evidence or information that tends to negate the guilt of the accused or mitigates the umbrage. ” not all U.S. states adopt the exemplar rules ; however, U.S. Supreme Court cases and other appellate cases have ruled that such disclosure is required. distinctive sources of ethical requirements imposed on prosecutors come from appellate court opinions, department of state or federal motor hotel rules, and state or federal statutes ( codify laws ) .
Directors of public prosecutions [edit ]
In Australia, Canada, England and Wales, Kenya, Hong Kong, Northern Ireland, Republic of Ireland, Trinidad and Tobago, Guyana, Kenya, and South Africa, the question of the prosecute assurance is known as the director of public prosecutions ( DPP ) and is appointed, not elected. A DPP may be subject to varying degrees of control by the lawyer general, a courtly written directive which must be published. In Australia, the Offices of the Director of Public Prosecutions establish prosecutions for chargeable offences on behalf of the Crown. [ 1 ] At least in the character of very good matters, the DPP will be asked by the police, during the course of the probe, to advise them on enough of evidence, and may well be asked, if he or she thinks it proper, to prepare an application to the relevant court for search, listening device or telecommunications interception warrants. More late constitutions, such as South Africa ‘s, tend to guarantee the independence and impartiality of the DPP .
common police jurisdictions [edit ]
Australia [edit ]
Prosecutors in Australia come in a few distinct species. Prosecutors of minor criminal cases in lower courts are Police Sergeants with a traineeship in prosecution and advocacy lasting approximately 1 year in duration, although they may hold law degrees. crown Prosecutors are always lawyers, and typically barristers, and they represent the State or Commonwealth in serious criminal cases in higher courts, County Court and above. away from Police prosecutors and Crown prosecutors, government agencies have the assurance to appoint non-lawyers to prosecute on their behalf, such as the RSPCA Inspectors. [ 2 ]
Canada [edit ]
In Canada, public prosecutors in most provinces are called Crown Attorney or Crown Counsel. They are broadly appointed by the provincial Attorney-General .
New Zealand [edit ]
In New Zealand, most crimes are prosecuted by a Police Prosecutor, an employee of the New Zealand Police. The most serious crimes – about 5 % of all crimes – is outsourced to a lawyer working at secret jurisprudence firm known as a Crown prosecutor. [ 3 ]
scotland [edit ]
Though Scots law is a desegregate arrangement, its civil law jurisdiction indicates its civil law heritage. here, all prosecutions are carried out by Procurators Fiscal and Advocates Depute on behalf of the Lord Advocate, and, in hypothesis, they can direct investigations by the police. In very dangerous cases, a Procurator Fiscal, Advocate Depute or even the Lord Advocate, may take charge of a patrol probe. It is at the discretion of the Procurator Fiscal, Advocate Depute, or Lord Advocate to take a pursuance to motor hotel, and to decide on whether or not to prosecute it under grave procedure or summary operation. other remedies are open to a prosecutor in Scotland, including fiscal fines and non-court based interventions, such as rehabilitation and social employment. All prosecutions are handled within the Crown Office and Procurator Fiscal Service. Procurators fiscal will normally refer cases involving minors to Children ‘s Hearings, which are not courts of jurisprudence, but a panel of ballad members empowered to act in the interests of the child .
United States [edit ]
The United States is the lone nation in the worldly concern where citizens elect prosecutors. The director of a prosecution function is known by any of several names depending on the jurisdiction, most normally district attorney. other names include state’s attorney, state attorney, and commonwealth’s attorney. The prosecution is the legal party creditworthy for presenting the sheath against an individual or a pot suspected of breaking the police, initiating and directing far criminal investigations, guiding and recommending the sentence of offenders, and are the merely attorneys allowed to participate in deluxe jury proceedings. [ 4 ] The titles of prosecutors in department of state courts vary from state to state and charge of government ( i.e. city, county, and state ) and include the terms District Attorney in New York, California, Texas, Pennsylvania, Delaware, Massachusetts, North Carolina, Georgia, Nevada, Wisconsin, Oregon, and Oklahoma ; [ 5 ] City Attorney in California cities ( typically prosecute only minor and misdemeanor offenses ) Commonwealth’s Attorney in Kentucky and Virginia ; County Attorney in Nebraska, [ 6 ] Minnesota, and Arizona ; [ 7 ] County Prosecutor in New Jersey, [ 8 ] Ohio, and Indiana ; [ 9 ] District Attorney General in Tennessee ; Prosecuting Attorney in Arkansas, [ 10 ] Hawaii, Idaho, Michigan, Washington, and West Virginia ( equally well as in Missouri where cities additionally use “ City Attorneys ” to prosecute on their behalf ) ; State’s Attorney in Connecticut, Florida, Illinois, Maryland, North Dakota, and Vermont ; State Prosecutor ; Attorney General in Delaware and Rhode Island ; and Solicitor in South Carolina. [ 11 ] Prosecutors are most frequently chosen through local anesthetic elections, and typically hire early attorneys as deputies or assistants to conduct most of the actual work of the function. United States Attorneys are appointed by the President and confirmed by the Senate. They represent the federal government in federal court in both civil and criminal cases. Private attorneys general can bring criminal cases on behalf of private parties in some states. Prosecutors are required by state and federal laws to follow sealed rules. For exercise, the politics must disclose exculpatory attest to the refutation ; [ 12 ] must disclose matters affecting the credibility of pursuance witnesses, such as an agreement to dismiss the witness ‘s own charges in substitute for their testimony ; [ 13 ] must not destroy potentially utilitarian attest in bad religion ; [ 14 ] and must not use fake testimony to secure a conviction. [ 15 ] bankruptcy to follow these rules may result in a discover of prosecutorial misconduct, although a 2013 investigation found that actual discipline for prosecutorial wrongdoing was lacking. [ 16 ] Prosecutors are besides tasked with seeking judge in their prosecutions. “ The United States Attorney, ” explained the U.S. Supreme Court ,
is the example not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is vitamin a compelling as its obligation to govern at all, and whose sake, consequently, in a condemnable prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a particular and very definite sense the handmaid of the law, the double draw a bead on of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor—indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is angstrom much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a barely matchless. [ 17 ]
Prosecutors in some jurisdictions have the discretion to not pursue condemnable charges, even when there is probable campaign, if they determine that there is no reasonable likelihood of conviction. [ 18 ] Prosecutors may dismiss charges in this situation by seeking a volunteer judgment of dismissal or nolle prosequi. In Kentucky, Massachusetts, Pennsylvania, and Virginia, criminal prosecutions are brought in the diagnose of the Commonwealth. In California, Colorado, Illinois, Michigan, and New York, criminal prosecutions are brought in the name of the People. In the remaining states, criminal prosecutions are brought in the name of the State .
Civil law jurisdictions [edit ]
Prosecutors are typically civil servants who possess a university degree in jurisprudence and extra train in the administration of justice. In some countries, such as France and Italy, they are classed as judges .
belgium [edit ]
In Belgium, the Senior Crown prosecutor ( Procureur du Roi/Procureur des Konings in trial courts and Procureur Général/Procureur-Generaal in appellate courts ) is supported by dependent Crown prosecutors ( substituts/substituten ). They open preliminary investigations and can hold a suspect in detention for up to 48 hours. When necessary, a Crown prosecutor will request an examine pronounce ( juge d’instruction / onderzoeksrechter ) be appointed to lead a judicial inquest. With a judge investigation, Crown prosecutors do not conduct the interrogatories, but merely lay out the scope of the crimes which the judge and jurisprudence enforcement forces investigate ( la saisine ). Like refutation guidance, Crown prosecutors can request or suggest further probe be carried out. The Crown prosecutor is in charge of policy decisions and may prioritize cases and procedures as need be. During a condemnable trial, prosecutors must introduce and explain the casing to the trier of fact, i.e., judges or jury. They broadly suggest a reasonable sentence which the court is not obligated to follow ; the court may decide on a tough or softer conviction. crown prosecutors besides have a total of administrative duties. They may advise the court during civil actions. Under belgian law, judges and prosecutors are judicial officers with equal absolute and pay. The Minister of Justice can order a criminal investigation but can not prevent one ( droit d’injonction positive / positief injunctierecht ) .
Brazil [edit ]
In Brazil, the public prosecutors form a body of autonomous civil servants—the brazilian Prosecution Services ( Ministério Público ) —working both at the federal and state grade. Members of the Federal Prosecution Service are divided in three ranks, according to the legal power of the courts before which they officiate. federal Prosecutors ( Procuradores da República ) officiate before single judges and lower courts, Federal Circuit Prosecutors ( procuradores regionais da República ) before federal appellate courts, and Associate Federal Prosecutors General ( subprocuradores gerais da República ) before superior union courts. The Prosecutor General of the Republic ( Procurador Geral da República ) heads the federal body, and tries cases before the brazilian Supreme Court. [ 19 ] At the state charge, the career is normally divided in state prosecutors ( promotores de Justiça ) who practice before the lower courts and country apellate prosecutors ( procuradores de Justiça ) who practice before the state courts of appeals. There are besides military prosecutors whose career, although linked to the federal prosecutors, is divided in a manner similar to state prosecutors. In Brazil the prosecutors ‘ chief subcontract is to promote judge, as such they have the duty of not alone trying condemnable cases, but, if during the trial, they become convinced of a defendant ‘s artlessness, requesting the estimate to acquit him. The prosecutor ‘s function has always the last word on whether criminal offenses will or will not be charged, with the exception of those rare cases in which brazilian police allows for individual pursuance. In such cases, the prosecutor will officiate as custos legis, being creditworthy to ensure that department of justice is indeed carried out.
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Although empowered by jurisprudence to do so, prosecutors conduct criminal investigations only in major cases, normally involving patrol or populace officials ‘ wrongdoings. besides, they are in charge of external control over police activity and requesting the knowledgeability of a patrol probe. [ 20 ] The ability of individual prosecutors to hold criminal investigations was controversial and, although massively supported by judges, prosecutors and the general population, it was contested before the Supremo Tribunal Federal, but in 2015, this Court decided favorably to its power ( RGE n. 593.727-MG ). According to a 2012 law, the chief of patrol ( delegado de polícia ), as the police agency, is responsible for conducting the criminal investigation in Brazil by means of a patrol probe ( inquérito policial ) or early routine provided by law that has the determination of ascertaining the circumstances, materiality, and authorship of criminal offenses. [ 21 ] Similar provisions are found in the Code of Criminal Procedure [ 22 ] and in article 144 of the federal constitution. [ 23 ] Beside their criminal duties, brazilian prosecutors are among those authorized by the brazilian constitution to bring legal action against private individuals, commercial enterprises, and the federal, state and municipal governments, in the defense of minorities, the environment, consumers, and the civil society in general .
France [edit ]
In France, the Office of the Prosecutor includes a foreman Prosecutor ( Procureur de la République in test courts and procureur général in appellate courts or the Supreme Court ) and his deputies and assistants ( avocats généraux and substituts ). The Chief Prosecutor generally initiates preliminary investigations and, if necessary, asks that an examining judge ( juge d’instruction ) be assigned to lead a courtly judicial probe. When an probe is led by a judge, the prosecutor plays a supervisory function, defining the setting of the crimes being examined by the judge and law enforcement forces. Like refutation guidance, the chief prosecutor may petition or move for farther probe. During condemnable proceedings, prosecutors are responsible for presenting the case at test to either the bench or the jury. Prosecutors generally suggest advisory sentencing guidelines, but the prison term remains at the court ‘s delicacy to decide, to increase or reduce as it sees fit. In addition, prosecutors have several administrative duties. Prosecutors are considered magistrates under french law, as in most civil police countries. While the defense and the plaintiff are both represented by common lawyers, who sit ( on chairs ) on the court floor, the prosecutor sits on a platform as the estimate does, although he does n’t participate in deliberation. Judges and prosecutors are trained at the lapp school, and regard one other as colleagues .
Germany [edit ]
In Germany, the Staatsanwalt ( “ country lawyer ” ) is a life-tenured public official in the elder judicial service belonging to the same corps as judges. The Staatsanwalt heads pre-trial criminal investigations, decides whether to press a appoint or drop it, and represents the government in condemnable courts. He not only has the “ master responsibility ” not to withhold exculpatory information, but is besides required by law to actively determine such circumstances and to make them available to the defendant or his/her defense mechanism lawyer. If he is not convinced of the defendant ‘s guilt, the express lawyer is required to plead against or in favor of the defendant according to the prosecutor ‘s own assessment. [ 24 ] Prosecution is compulsory if the prosecutor has sufficient tell to convict. [ 25 ]
Italy [edit ]
In Italy, a Prosecutor ‘s Office is composed of a Chief Prosecutor ( procuratore capo ) assisted by deputies ( procuratori aggiunti ) and assistants ( sostituti procuratori ). Prosecutors in Italy are judicial officers just like judges and are ceremoniously referred to as Pubblico Ministero ( “ Public Ministry ” or P.M. ). italian Prosecutors officiate as custos legis, being creditworthy to ensure that justice is indeed carried out. They are obligated under the Constitution to initiate preliminary investigations once they are informed or take personal comment of a criminal act— notitia criminis —or receive a bill of complaint. They can direct investigations or conduct them through orders and directives given to ( judicial ) police detectives, who can make their own parallel investigations in coordination with the Prosecutor. If enough evidence has been gathered in order to proceed, the prosecution is compulsory and it must move from preliminary investigations to initiate trial proceedings. [ 26 ] At trial, the prosecuting lawyer has to handle the prosecution but has an overarching duty to promote justice. In practice, this duty means that prosecutors are prohibited from withholding exculpatory attest and must request that the evaluator acquit the defendant if, during the trial, the prosecutor becomes convinced of the defendant ‘s innocence, or agrees that there is no attest that proves his guilt beyond any fair doubt. In appellate courts, the Office of the Prosecutor is called Procura Generale and the Chief Prosecutor the Procuratore Generale ( PG ). The Procuratore Generale presso la Corte di Cassazione is the Chief General Prosecutor before the Corte di Cassazione, the Supreme Court of Italy. Prosecutors are allowed during their career to act in the other ‘s stead, but a late rule by the italian Constitutional Court stated that prosecutors, who wish to become judges, must relocate to another area and are prohibited to sit or hear trials that they themselves initiated .
Japan [edit ]
In Japan, Public Prosecutors ( 検察官, kensatsu-kan ) are master officials who have considerable powers of investigation, pursuance, supervision of criminal execution and sol on. Prosecutors can direct police for investigation purposes, and sometimes investigate immediately. entirely prosecutors can prosecute criminals in principle, and prosecutors can decide whether to prosecute or not. high-level officials of the Ministry of Justice are largely prosecutors .
Poland [edit ]
The highest-ranking prosecutor function of the Prokuratura in Poland is the Prokurator Generalny ( General Prosecutor ) —chief of the Prokuratura Krajowa ( National Public Prosecutor ‘s Office ). The GP has 5 deputies. social organization of Public Prosecution in Poland is 4-level : Prokuratura Krajowa — National Public Prosecutor ‘s Office — > prokuratury regionalne — peasant public prosecutor ‘s offices ( 11 ) — > prokuratury okręgowe — regional populace prosecutor ‘s offices ( 45 ) — > prokuratury rejonowe — zone public prosecutor ‘s offices ( 358 ). apart from a abbreviated period between 2010 and 2016, the placement of Public Prosecutor General has been held concurrently by the Minister of Justice .
South Korea [edit ]
Prosecutors are public officials who are members of the Prosecutor ‘s Office. Prosecutors can conduct crime investigations directly or indirectly. They are responsible for the entire process of investigations and court prosecutions. Since korean modern jurisprudence was designed after civil law, the function of korean prosecutors is similar or identical to that of european equivalents in commanding investigations, determining chargeable cases and prosecuting process. A prosecutor has the ability to prohibit a defendant or an accused individual from departing the Republic of Korea via an “ external hold ”. [ 27 ]
sweden [edit ]
In Sweden, public prosecutors are lawyers who work out of the swedish Prosecution Authority ( swedish : Åklagarmyndigheten ) and lineal patrol investigations of dangerous crimes. For all criminal cases, public prosecutors decide arrests and charges on behalf of the populace and are the alone populace officers who can make such decisions. Plaintiffs besides have the option of hiring their own extra prosecutor ( enskilt åtal ). The exception is cases concerning crimes against the exemption of the press for which the Chancellor of Justice acts as the prosecuting lawyer. In court, the prosecutor is not inevitably in an adversarial kinship to the defendant, but is under an obligation to investigate and portray information that may incriminate or exhonerate the defendant. The prosecutor is not a judicial officer, nor do they participate in the secret deliberations of the woo. populace prosecutors are the entirely populace officers who can decide to appeal cases to appellate courts. otherwise, appeals are initiated by defense guidance, the plaintiff, their representatives, and other parties to the case ( målsäganden ). When a case has been decided by an appellate court, the right to appeal to the Supreme Court passes from the case ‘s prosecutor to the Prosecutor-General ( swedish : Riksåklagaren ) .
socialistic jurisprudence jurisdictions [edit ]
A Public Procurator is an agency used in Socialist discriminative systems which, in some ways, corresponds to that of a public prosecutor in other legal systems, but with more far-reaching responsibilities, such as handling investigations otherwise performed by branches of the patrol. conversely, the policing systems in socialistic countries, such as the Militsiya of the Soviet Union, were not aimed at fulfilling the lapp roles as patrol forces in democratic countries .
People ‘s Republic of China [edit ]
A Public Procurator is a place in the People ‘s Republic of China, analogous to both detective and public prosecutor. legally, they are bound by Public Procurators’ Law of the People’s Republic of China. According to Article 6, the functions and duties of public procurators are as follows :
- Supervise the enforcement of laws according to law.
- Public prosecution on behalf of the State.
- Investigate criminal cases directly accepted by the People’s Procuratorates as provided by law.
- Other functions and duties as provided by law.
Vietnam [edit ]
The Supreme People ‘s Procuracy is the highest office of public procurators in Vietnam .
institutional independence [edit ]
In many countries, the prosecutor ‘s government is directly dependent to the executive ramify ( e.g., the US Attorney General is a member of the President ‘s cabinet ). In some early countries, such as Italy or Brazil, the prosecutors are judicial civil servants, so they have the same liberties and independence that judges traditionally enjoy. In early countries, a form of private pursuance is available, mean persons or secret entities can directly petition the courts to hold test against person they feel is guilty of a crime, should the prosecutor defy to indict .
private pursuance [edit ]
In the early on history of England, victims of a crime and their family had the veracious to hire a private lawyer to prosecute criminal charges against the person alleged to have injured the victim. [ 28 ] In the eighteenth hundred, prosecution of about all criminal offences in England was private, normally by the victim. [ 29 ] In Colonial America, because of Dutch ( and possibly French ) practice and the expansion of the office of lawyer general, public officials came to dominate the prosecution of crimes. however, privately fund prosecutors constituted a meaning element of the state criminal judge system throughout the nineteenth century. [ 30 ] The manipulation of a secret prosecutor was incorporated into the common law of Virginia, but is no longer permitted there. [ 28 ] private prosecutors were besides used in North Carolina equally late as 1975. [ 31 ] Private pursuance has been used in Nigeria, but the practice is being phased out. [ 32 ] Bruce L. Benson ‘s To Serve and Protect lauds the function of private prosecutors, much employed by prosecution associations, in serving the needs of crime victims in England. libertarian theory holds that public prosecutors should not exist, but that crimes should rather be treated as civil torts. Murray Rothbard writes, “ In a libertarian universe, there would be no crimes against an ill-defined ‘society, ‘ and consequently no such person as a ‘district lawyer ‘ who decides on a charge and then presses those charges against an allege criminal. ” [ 33 ]
See besides [edit ]
References [edit ]
bibliography [edit ]
- Gad Barzilai. The Attorney General and the State Prosecutor: Is Institutional Separation Warranted? (Jerusalem: The Israel Democracy Institute, 2010). The Index of Arab-Jewish Relations in Israel 2012 (English)
- Hugo Nigro Mazzilli. Regime Juridico do Ministério Público, 5ª edição, São Paulo: Saraiva, 2001.
- Raoul Muhm, Gian Carlo Caselli (Hrsg.), Die Rolle des Staatsanwaltes Erfahrungen in Europa–Il ruolo del Pubblico Ministero Esperienze in Europa–Le role du Magistrat du Parquet Expériences en Europe–The role of the Public Prosecutor Experiences in Europe, Vecchiarelli Editore Manziana (Roma) 2005 ISBN 88-8247-156-X
- Raoul Muhm, “The role of the Public Prosecutor in Germany” in The Irish Jurist, Volume XXXVIII, New Series 2003, The Law Faculty, University College, Dublin LARCHIVIO – Finance Journal
- Erick Maurel, Paroles de procureur (Paris: Gallimard, 2008), ISBN 978-2-07-011977-6
- Prosecutor.info indexes almost 2,900 prosecutor web sites throughout the US and other countries.
- ProsecutorTips.com Free trial advocacy tips for prosecutors and trial
- Burnley Law Firm Summaries of Recent U.S. Criminal Law Decisions
- CCPE Consultative Council of European Prosecutors
- L’Archivio “diritto – history”
- IAP International Association of Prosecutors
- Private Prosecution in UK Edmonds Marshall McMahon Leading Private Prosecutors