An prosecutor is the legal representative of prosecution in countries with common law adversarial systems, or civil law systems. Prosecution is the legal party responsible for filing the case in a criminal proceeding against an individual accused of violating the law. Usually, the prosecutor represents the government in the case filed against the defendant.
Video Prosecutor
general legal jurisdiction
Prosecutors are generally lawyers who have a law degree, and are recognized as legal professionals by the courts in which they intend to represent the public (ie, they have been accepted at the bar).
They are usually only involved in a criminal case after a suspect has been identified and an allegation must be filed. They are usually employed by government offices, with a safety framework in place to ensure the office can successfully pursue prosecution of government officials. Often, some offices exist in one country, especially in countries with a federal government where sovereignty has been branched or devolved in several ways.
Because prosecutors are supported by state power, they are usually subject to special professional responsibilities rules other than those that bind all lawyers. For example, in the United States, Rule 3.8 of the Code of Professional Conduct The ABA Model requires prosecutors to "make timely disclosures to defend all evidence or information... which tends to neutralize the guilt of the accused or defuse the offense." Not all US states adopt model rules; however, the case of the US Supreme Court and other appeals has ruled that such disclosure is necessary. The typical sources of ethical requirements imposed on prosecutors come from the opinion of the appeals court, state or federal court ordinances, and state or federal laws (codified law).
Board of Directors of Public Prosecution
In Australia, Canada, England and Wales, Hong Kong, Northern Ireland, Republic of Ireland, Trinidad & Tobago, Kenya and South Africa, the head of the prosecuting authority is usually known as the Director of the Public Prosecutor, and appointed, not elected. The DPP may be subject to varying degrees of control by the Prosecutor General, usually with formal written directives to be published.
In Australia, the Office of the Public Prosecutor's Office demands prosecution for an alleged offense on behalf of the Crown. At least in the case of very serious problems, the DPP will be requested by the police, during the investigation process, to advise them on the adequacy of the evidence, and may be asked, if he thinks it is correct, to prepare the app to court relevant to search, listening or telecommunications interception warrant.
Newer constitutions, such as South Africa, tend to guarantee the independence and impartiality of the DPP.
Canada
In Canada, public prosecutors in most provinces are referred to as the Crown Attorney or Crown Counsel. They are generally appointed by the provincial Attorney General.
Scotland
Although Scottish law is a mixed system, the jurisdiction of civil law shows the legacy of civil law. Here, all prosecutions are committed by the Procurators Fiscal and Advocates Depute on behalf of Lord Advocate, and, in theory, they can direct the police investigation. In very serious cases, the Fiscal Procurator, Advocate Depute or even God's Lawyer, can take over the police investigation. It is the wisdom of the Fiscal Procurator, Deputy Advocate, or God's Lawyer to take prosecution to court, and decide whether or not to prosecute him under solemn procedure or summary procedure. Another solution is open to prosecutors in Scotland, including fiscal penalties and non-court based interventions, such as rehabilitation and social work. All prosecutions are handled within the Office of the Crown and the Prosecutor's Physical Services. Fiscal procurators will usually refer cases involving minors to a Child Hearing, which is not a court of law, but a panel of lay members is empowered to act in the interest of the child.
United States
In the United States, the director of the prosecutor's office can be known by some names that depend on the jurisdiction, the most common DA's. .
The prosecutor is the legal party responsible for filing a case against a person or company suspected of violating the law, initiating and directing further criminal investigations, guiding and recommending the offender's punishment, and the sole lawyer allowed to participate in the grand jury process.
The titles of prosecutors in state courts vary from state to state and level of government (ie city, county and state) and include provisions of District Attorney (in New York, California, Texas, Pennsylvania , Delaware, Massachusetts, North Carolina, Georgia, Nevada, Wisconsin, Oregon, and Oklahoma), Municipal Attorney , Commonwealth Lawyers (in Kentucky and Virginia ), County Attorney (in Arizona), County Prosecutor (in New Jersey, Ohio and Indiana), District Attorney (in Tennessee) Public Prosecutors (in Hawaii, Idaho, Michigan, County Washington, and West Virginia, and in Missouri except for towns with prosecutors "City of the Prosecutor's Office"), State Attorney State Attorney , Attorney General (in Delaware and Rhode Island), and > (South Carolina). Prosecutors are most often elected through local elections, and usually hire another lawyer as a deputy or assistant to do most of the actual office work. US lawyers , designated by the President and confirmed by the Senate, represent the federal government in federal court, in both civil and criminal cases. The private attorney general may carry a criminal case on behalf of a private party in several states.
The claimant is required by state and federal laws to follow certain rules, such as they should be elected by persons from the area, and must disclose material evidence to the defense because the Supreme Court's 1963 decision on Brady v. Maryland and other cases and statutes. Failure to follow these rules could lead to findings of prosecution violations, although an investigation in 2013 found that the true discipline for prosecution was not available.
Prosecutors are also assigned to seek justice in their prosecution. Prosecutors in some jurisdictions have the discretion to not pursue criminal charges, even when there is a probable cause, if the Prosecutor decides that there is no reasonable possibility for a verdict. In addition, prosecutors often have the discretion to cancel the indictment after the indictment, but before the trial, through the use of voluntary dismissal or nolle prosequi. In a famous case that outlines the duties of a prosecutor, the US Supreme Court declares, "... therefore, in criminal prosecution it is not that it will win the case, but that justice must be done... He can demand with sincerity and zeal - indeed, he must do so, but, while he may strike loudly, he is not free to attack rotten people, as much as his obligation to refrain from incorrect methods calculated to produce such false beliefs is to use every legitimate means for produce a fair. " Berger v. United States , 295 US 78 (1935)
In Kentucky, Massachusetts, Pennsylvania, and Virginia, criminal prosecution was filed on behalf of the Commonwealth. In California, Colorado, Illinois, Michigan, and New York, criminal prosecution was filed on behalf of the People. In the remaining countries, criminal prosecution is filed on behalf of the State.
Maps Prosecutor
civil law jurisdiction
Prosecutors are usually public servants with a law degree, and additional training in the administration of justice. In some countries, such as France and Italy, they belong to the same civil service corps as the judges.
Belgium
In Belgium, the Senior Crown Attorney, or Procureur du Roi/Procureur des Konings (or Procureur GÃÆ' Â nal/Procureur-Generaal in the appellate court and in the Supreme Court), is supported by the crown prince ( substitut/substituten ). He opened an initial investigation and was able to keep the suspect in custody for 24 hours. If necessary, the Crown prosecutor will ask the juge d'instruction /onderzoeksrechter to be appointed to lead the legal examination. With the investigation of the judge, Crown prosecutor did not conduct the interrogation, but only described the scope of the crime by which the judge and law officers investigate ( la saisine ). Like a lawyer, Crown prosecutors may ask for or suggest further investigations be made. The Crown Prosecutor is responsible for policy decisions and can prioritize the necessary cases and procedures. During a criminal proceeding, the prosecutor should introduce and explain the case to the trier, judge or jury. They generally suggest sensible punishments that are not mandatory for the court to follow; the court may decide on a harsher or more lenient penalty. The Crown Attorney also has a number of administrative duties. They may advise the court during civil action. Under Belgian law, judges and prosecutors are court officers of equal rank and salary. The Minister of Justice may order but not prohibit a criminal investigation (droit d'injonction positive/positief injunctierecht ).
Brazil
In Brazil, the public prosecutor established an autonomous civil service body - MinistÃÆ' Â © rio PÃÆ'ºblico (literally Ministry of Public ) - works both at the federal and state levels. The procuradores da RepÃÆ'ºblica - federal prosecutors - are divided into three ranks, in accordance with the jurisdiction of the courts before they inaugurate, so that "procuradores da RepÃÆ'ºblica" (federal prosecutor) lead before a single judge and lower court, "procuradores regionais da RepÃÆ'Âbblica" (prosecutor who heads the federal appeals court), and "subprocuradores gerais da RepÃÆ'ºblica" (prosecutors who lead in front of a superior federal court). Procurador Geral da RepÃÆ'blica heads the federal agency, and prosecutes cases before the Supremo Tribunal Federal (STF), the highest court in Brazil, responsible for judicial review and assessment of criminal offenses committed by federal legislators, cabinet members and President of Brazil. At the state level, careers are usually divided into "promoters de JustiÃÆ'§a" (state prosecutors), who inaugurate before the lower courts, and "procuradores de JustiÃÆ'§a" (the prosecutor who leads the state appeal court). There are also military prosecutors whose career, albeit associated with federal prosecutors, is shared in a manner similar to that of state prosecutors.
In Brazil, the primary task of the prosecutor is to promote justice, therefore they are obliged not only to try a criminal case, but, if during the trial, they become convinced of the innocent defendant, asking the judge to release him. The prosecutor's office has always been the last word on whether a criminal offense will or will not be billed, with the exception of rare cases where Brazilian law allows for private prosecution. In such cases, prosecutors will take the lead as custos legis, responsible for ensuring that justice is done. Although empowered by law to do so, prosecutors conduct criminal investigations only in major cases, usually involving police or public officials' faults. Also, they are responsible for external control over police activities (articles 129, VII, Brazilian Federal Constituent Assembly) and requested diligence and initiation of police investigations (art. 129, VIII, Brazilian Federal Constitution). The power of each prosecutor to conduct a criminal investigation is still controversial and, despite massive support by judges, prosecutors and the general public, it was contested before the Federal Tribunal Supremo.
According to Law 12,830/2013, "delegado de polÃÆ'cia" (police chief), as police authority, is responsible for conducting criminal investigations in Brazil by means of police investigations, named "inquÃÆ' Â © rito policial", or other procedures provided by law has a purpose to ascertain the state, materiality and authorship of a criminal offense. Similar provisions are also found in art. 4Ã,º of the Brazilian Criminal Procedure Code and in art. 144, Ã,§4º, Brazil's Federal Constitution.
In addition to their criminal duties, Brazilian prosecutors are among those authorized by the Brazilian constitution to take action against individual individuals, commercial enterprises, and federal, state and municipal governments, in defense of minorities, the environment, consumers and civil society in general.
French
In France, the Prosecutor's Office includes the Chief Prosecutor, or Procureur de la RÃÆ' Â © publique (or procureur gÃÆ' Â © nÃÆ' Â © ral in the court of appeal or in the Supreme Court of Justice) assisted by deputy prosecutors ( avocats gÃÆ' Â © nÃÆ' Â © raux ) and assistant prosecutors ( substituts ). The Chief Prosecutor generally starts an initial investigation and, if necessary, asks for an examining judge, or juge d'instruction , assigned to lead a formal judicial inquiry. When an investigation is led by a judge, the prosecutor plays a supervisory role, defining the scope of the crime being examined by judges and law enforcement forces. Like a defense lawyer, the chief prosecutor can file a petition or motion for further investigation. During the criminal proceedings, the prosecutor is responsible for bringing the case to court or a jury. The prosecutor generally advises the penalty guidelines, but the penalty remains at the discretion of the court to decide, to raise or diminish as seen accordingly. In addition, the prosecutor has several administrative duties.
Prosecutors are considered judges under French law, as in most civil law countries. While the defense and plaintiffs are both represented by a public attorney, who sits (on a chair) on the courtroom floor, the prosecutor sits on stage like a judge, even though he does not participate in the deliberations. Judges and prosecutors are trained in the same school, and consider each other as colleagues.
German
In Germany, Italy
In Italy, the Prosecutor's Office consists of the Chief Prosecutor (procuratore capo) assisted by the prosecutor's representative ( procuratori aggiunti ) and the assistant prosecutor ( sostituti procuratori ). Prosecutors in Italy are judicial officers such as judges and are ceremonially referred to as Pubblico Ministero Ministry of Public (or PM)
Italian prosecutors lead as custos legis, is responsible for ensuring that justice is done. They are required under the Constitution to initiate an initial investigation after they have been notified or received a personal notice of a criminal offense, called a crime notitia, or receiving a complaint. They can either conduct a direct investigation or conduct them through orders and directives given to the police detectives (who also have the opportunity to conduct their own parallel investigation in coordination with the Prosecutor): if enough evidence has been gathered for continuing, prosecution is mandatory and must move from the initial investigation to start the trial process. In the hearing, prosecutors must deal with prosecution but are prohibited from withholding the prohibitive evidence, as they have to promote justice, which means that they have the task of not only trying a criminal case, but, to request a judge to release him if, during the trial, they become convinced of the defendant not guilty, or agree that there is no evidence, without a doubt, for his guilt.
In the appeal court, the Prosecutor's Office is called Procura Generale and the Chief Prosecutor Procuratore Generale (PG). The Procuratore Generale presso la Corte di Cassazione is the Chief Prosecutor General before Corte di Cassazione, the Supreme Court of Italy.
Prosecutors were allowed during their careers to act as their successors, but recent decisions by the Italian Constitutional Court state that prosecutors, who want to be judges, must move to other areas and are forbidden to sit or hear their own trials.
Japanese
In Japan, the public prosecutor Polish
The supreme prosecutor's office Prokuratura in Poland is Procurator Generalny (General Attorney) - head of Prokuratura Generalna (Public Prosecutor). GP has 5 deputies. The structure of the Public Prosecutor in Poland is 4 levels: Public Prosecutor - & gt; Office of Prosecutor of Office (11) - & gt; District Prosecutor's Office (46) - & gt; Regional Prosecutor's Office (326).
South Korea
The prosecutor is a public official who is a member of the Ministry of Justice.
Prosecutors may conduct criminal investigations directly or indirectly. They are responsible for the whole process of court investigation and prosecution. Because modern Korean law is designed after a continental system, the role of Korean prosecutors is similar or identical to that of the European equivalent in ordering an investigation, determining the case to be prosecuted and prosecution process. Korean prosecutors are proud of the successful prosecution of the former president (1995) and the children of the ruling president (1997 and 2002). In addition, they have made important contributions to punish many high-ranking officials and corrupt business leaders. A prosecutor, in Korea, has the power to ban a defendant or an individual accused of leaving the Republic of Korea through International Hold.
Swedish
In Sweden, the public prosecutor is a lawyer who works at the Swedish Prosecutor's Office (Æ' Æ' Æ' klagarmyndigheten) and a police direct investigation of serious crimes. For all criminal cases, the public prosecutor decides the arrest and allegations on behalf of the public and is the only public official who can take the decision. Plaintiffs also have the option of hiring their own special prosecutor ( enskilt ÃÆ'  ¥ tal ). Exceptions are cases of crimes against press freedom in which the Attorney General's Office acts as a prosecutor. In court, the prosecutor does not need to be in a hostile relationship with the defendant, but is obliged to investigate and present information that could incriminate or enforce the defendant. The prosecutor is not a court officer, nor does it participate in the court's personal judgment.
The public prosecutor is the only public official who can decide to appeal to the appeals court ( hovrÃÆ'¤tter ). Otherwise, calls are initiated by lawyers, plaintiffs, their representatives, and others for cases ( mÃÆ'  ¥ lsÃÆ'¤ganden ). When a case has been decided by the appeals court, the right to appeal to the Supreme Court escapes the prosecutor of the case to the Director of Public Prosecution (RiksÃÆ' ¥ klagaren ).
the jurisdiction of socialist law
The Public Prosecution Service is an office used in the Socialist justice system which, in some cases, corresponds to the position of a public prosecutor in another legal system, but with broader responsibilities, such as dealing with investigations by police branches. In contrast, police systems in socialist countries, such as Militsiya of the Soviet Union, are not intended to fulfill the same role as police forces in Democratic countries.
People's Republic of China
The Public Prosecution Service is a position in the People's Republic of China, analogous to detectives and public prosecutors. By law, they are bound by the General Procuratorate Law of the People's Republic of China . According to Article 6, the functions and duties of public procurators are as follows:
- Supervise law enforcement.
- Public prosecution on behalf of the State.
- Investigate criminal cases received directly by the Public Prosecution Service as determined by law.
- Other functions and tasks as defined by law.
Vietnamese
The highest manifestation of the People is the highest office of the general procurator in Vietnam.
Institutional independence
In many countries, the prosecutor's administration is directly under the executive branch (eg the US Attorney General is a member of the President's cabinet). In some other countries, such as Italy or Brazil, the prosecutor is a judicial court clerk so that his hierarchy is installed with the same (or similar) same freedom and independence privileges that ordinary jurors enjoy.
In other countries, a form of private prosecution is available, meaning a private person or entity can directly petition the court to sue someone they are guilty of committing a crime, if the prosecutor refuses to sue.
Personal prosecution
In early British history, crime victims and their families have the right to hire private lawyers to sue criminal charges against persons suspected to have injured the victim. In the 18th century, the prosecution of almost all criminal offenses in Britain was private, usually by the victim. In Colonial America, due to Dutch (and possibly French) practices and the expansion of the attorney general's office, public officials dominate the prosecution of crime. However, privately-funded prosecutors were an important element of the state criminal justice system throughout the nineteenth century. The use of private prosecutors is incorporated into Virginia common law, but is no longer allowed there. Private prosecutors were also used in North Carolina until the end of 1975. Private prosecutions have been used in Nigeria, but this practice was phased out.
Bruce L. Benson for Serving and Protecting praised the role of private prosecutors, often employed by prosecuting associations, in serving the needs of victims of crime in the UK. The radical libertarian theory states that public prosecutors should not exist, but that crimes should be treated as civil suits. Murray Rothbard writes, "In the libertarian world, there will be no crime against an unclear society," and therefore no one like the 'district attorney' decided the suit and then suppressed the allegations against an alleged criminal. "
See also
- Magistrats EuropÃÆ' Â © ens pour la DÃ © Ã © mocratie et les LibertÃÆ' Â © Association of European judges and prosecutors.
References
Bibliography
- Gad Barzilai Attorney General and Prosecutor: Is Institutional Separation Guaranteed? Jerusalem: The Israel Democracy Institute, 2010 [1]
- MAZZILLI, Hugo Nigro. The Juridico regime performs MinistÃÆ'  © rio PÃÆ'ºblico , 5 ª ediÃÆ'§ÃÆ'  £ o, SÃÆ'  £ o 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 ExpÃÆ'Â © riences en Europe - The Role of Experience Public Prosecutor in Europe , Vecchiarelli Editore Manziana (Roma) 2005 ISBNÃ, 88-8247-156-X
- Raoul Muhm, "The Role of Public Prosecutors in Germany" in Irish Juris, Volume XXXVIII, New Series 2003, Faculty of Law, University College, Dublin [2]
- Erick Maurel, Paroles de procureur (ed.GALLIMARD 2008 - PARIS), ISBN 978-2-07-011977-6
External links
Media related to Prosecutors in Wikimedia Commons
- Prosecutor.info indexes nearly 2,900 prosecutor websites across the US and other countries.
- ProsecutorTips.com Free trial advocacy tips for prosecutors and courts
- Burnley Law Firm Summary of Recent US Criminal Law Decisions
- The CCPE Consultative Council of the European Attorney
- L'Archivio "diritto - history"
- IAP International Prosecutors' Association
Source of the article : Wikipedia
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