The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system or the civil law inquisitorial system. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive The adversarial system (or adversary system) of law is the system of law generally adopted in Common law countries that relies on the skill of each advocate Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. This article is about the inquisitorial system for organizing court proceedings The prosecution is the legal party responsible for presenting the case against an individual suspected of breaking the law in a criminal trial. The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential
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Common law jurisdictions
Prosecutors are typically lawyers who possess a law degree and are recognized as legal professionals by the court in which they intend to represent the state (that is, they have been admitted to the bar). A lawyer, according to Black's Law Dictionary, is "a person learned in the law as an attorney, Counsel or Solicitor; a person A Law degree is the degree conferred on someone who successfully completes studies in law This article is about requirements for admission to practice law not just terminology
They usually only become involved in a criminal case once charges need to be laid. In the Common law legal system an indictment (ɪnˈdaɪtmənt (in-DITE-mint is a formal accusation of having committed a criminal offense They are typically employed by an office of the government with safeguards in place to ensure such an office can successfully pursue the prosecution of government officials. Often multiple offices exist in a single country due to the various legal jurisdictions that exist. In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority
Being backed by the power of the state, prosecutors are usually subject to special professional responsibility rules in addition to those binding all lawyers. See also Professional ethics Professional responsibility is the area of legal practice that encompasses the duties of Attorneys to act in a professional manner For example, in the United States, Rule 3. The United States of America —commonly referred to as the 8 of the ABA Model Rules of Professional Conduct requires prosecutors to "make timely disclosure to the defense of all evidence or information . ABA Model Rules of Professional Conduct, created by the American Bar Association (ABA is a set of professional standards to prescribe legal ethics and professional responsibility . . that tends to negate the guilt of the accused or mitigates the offense. "
Directors of Public Prosecutions
In Australia, Canada, England and Wales, Hong Kong, Northern Ireland, Southern Ireland and South Africa the head of the prosecuting authority is typically known as the Director of Public Prosecutions and is appointed, not elected. For a topic outline on this subject see List of basic Australia topics. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page History The Roman occupation of Britain was the first period in which the area of present-day England and Wales was administered as a single unit (with the exception Hong Kong ( officially the Hong Kong Special Administrative Region, is a territory located on China 's south coast on the Pearl River Delta, and borders Northern Ireland (Tuaisceart Éireann Ulster Scots: Norlin Airlann) is a Country within the United Kingdom, lying in the northeast of Southern Ireland (Deisceart Éireann was the short lived autonomous region (or Constituent country) of the United Kingdom established on 3 May The Republic of South Africa (also known by other official names) is a country located at the southern tip of the continent of Africa The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several Criminal jurisdictions around the world A DPP may be subject to varying degrees of control by the Attorney General, usually by a formal written directive which must be published. In most Common law jurisdictions the Attorney General, or Attorney-General, is the main legal advisor to the government and in some jurisdictions may in addition
In Australia at hehe least, in the case of very serious matters, the DPP will be asked by the police during the course of the investigation to advise them on sufficiency 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 recent constitutions, such as South Africa's or Fiji's tend to guarantee the independence and impartiality of the DPP. The current and official Constitution of the Republic of South Africa was adopted on 8 May 1996. The Constitution of Fiji is the supreme law of Fiji. Background The Constitution of the Republic of the Fiji Islands dates from 1997
India
In India, a Public Prosecutor represents the state in court. India, officially the Republic of India (भारत गणराज्य inc-Latn Bhārat Gaṇarājya; see also other Indian languages) is a country
United States
In the United States the director of any such offices may be known by any of several names depending on the legal jurisdiction. The United States of America —commonly referred to as the
The terms County Attorney, Prosecuting Attorney (in Michigan, Indiana, and West Virginia), County Prosecutor, State Attorney, State's Attorney, State Prosecutor, Commonwealth's Attorney (in Virginia and Kentucky), District Attorney, District Attorney General (in Tennessee), City Attorney, City Prosecutor, and Circuit Attorney (in Missouri) are all titles of prosecutors in various state courts. Michigan ( is a Midwestern state of the United States of America. The State of Indiana ( was the 19th US state admitted into the union West Virginia ( is a state in the Appalachian Upland South, and Mid-Atlantic regions of the United States, bordered by In the United States, the State's Attorney (or State Attorney is an appointed or elected official who represents the State (prosecution in criminal prosecutions and is often Commonwealth's Attorney is the title given to the elected Prosecutor of Felony crimes in Kentucky and Virginia. A district attorney (DA is in some US jurisdictions the title of the local public official who represents the government in the prosecution of alleged criminals In the United States, a state court has Jurisdiction over disputes with some connection to a U State prosecutor may be either appointed or elected. United States Attorneys represent the federal government in federal court, in both civil and criminal cases. United States Attorneys (also known as federal prosecutors) represent the United States federal government in United States district court and The federal government of the United States is the central United States Governmental body established by the United States Constitution. The United States federal courts are the system of Courts organized under the Constitution and laws of the Federal government of the United States
These offices should not be confused with Corporation Counsel, who typically handles only civil matters involving monetary damages, and does not handle criminal prosecutions. The Corporation Counsel is the title given to the chief legal officer in some municipal and county jurisdictions who handles civil claims against the city including negotiating settlements
Canada
In Canada the term for a Prosecutor is Crown Attorney or Crown Counsel. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page Crown Attorneys or Crown Counsel (or in Alberta, Crown Prosecutors) are the Public prosecutors in the legal system of Canada Crown Attorneys or Crown Counsel (or in Alberta, Crown Prosecutors) are the Public prosecutors in the legal system of Canada
Scotland
Though Scots law is a mixed system, its civil law jurisdiction indicates its civil law heritage. Scots law is a unique legal system with an ancient basis in Roman law. Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. Here all prosecutions are carried out by Procurators Fiscal and Advocates Depute on behalf of the Lord Advocate, and, in theory, they can direct investigations by the police. A procurator fiscal is the Public prosecutor in Scotland, also carrying out functions broadly equivalent to the Coroner in other Legal systems The Crown Office and Procurator Fiscal Service (Oifis a' Chrùin agus Seirbheis Neach-casaid a' Chrùin provides an independent public prosecution service, investigates Her Majesty's Advocate (or when the monarch is male His Majesty's Advocate) known as the Lord Advocate (Morair Tagraidh is the chief legal officer of the Scottish Law enforcement in the United Kingdom is organised separately in Scotland, Northern Ireland, England and Wales (administration of Police matters In very serious cases a Procurator Fiscal, Advocate Depute or even the Lord Advocate may take charge of a police investigation. It is at the discretion of the Procurator Fiscal, Advocate Depute or Lord Advocate to take a prosecution to court and to decide on whether to prosecute it under solemn procedure or summary procedure. In many Common law Jurisdictions (eg the United Kingdom, Republic of Ireland, Canada, United States, India, A summary offense, also known as a petty crime, is a criminal act in some Common law jurisdictions that can be proceeded with summarily without the right Other remedies are open to a prosecutor in Scotland, including fiscal fines and non-court based interventions such as rehabilitation and social work. Rehabilitation means To restore to useful life as through therapy and education or To restore to good condition operation or capacity. Social work is a discipline involving the application of Social theory and research methods to study and improve the lives of people groups and societies All prosecutions are handled within the Crown Office and Procurator Fiscal Service. The Crown Office and Procurator Fiscal Service (Oifis a' Chrùin agus Seirbheis Neach-casaid a' Chrùin provides an independent public prosecution service, investigates Procurators fiscal will usually refer cases involving minors to Children's Hearings, which are not courts of law, but a panel of lay members empowered to act in the interests of the child. A Children’s Hearing is part of the legal and welfare systems in Scotland; it aims to combine justice and welfare for children and young people
Civil law jurisdictions
Prosecutors are typically civil servants who possess a university degree in law and additional training in the administration of justice. See also Bureaucrat The term civil service has two distinct meanings Branch of governmental service in which individuals are hired on the basis A degree is any of a wide range of status levels conferred by institutions of Higher education, such as universities, normally as the result of successfully completing In some countries, such as France, they belong to the same corps of civil servants as the judges. This article is about the country For a topic outline on this subject see List of basic France topics.
Belgium
In Belgium, the prosecutor, or Procureur du Roi (or Procureur Général in an Appeal Court and in the Court of Cassation) is assisted by deputies (substituts). He opens preliminary enquiries, and can deprive a suspect of his freedom during 24 hours. If necessary, he asks for the nomination of an investigating magistrate (a Juge d'Instruction / onderzoeksrechter) to lead a judiciary investigation. In the case of an investigation led by a judge, the prosecutor does not lead the enquiries, but simply lays down the scope of the crimes that the judge and law enforcement forces investigate upon (la saisine); he may, like defense attorneys, request or suggest further enquiries. He is responsible for prosecutions policy and can determine priorities. During a criminal trial, the prosecutor has to lay the case in front of the trier of fact (judges or jury). He generally suggests a certain sentence, which the court has no obligation to follow — the court may decide on a higher or lower sentence. The procureur has also some other duties regarding more generally the administration of justice. He can give advice at the court during civil trials. Both the Procureur and the Judge are magistrates. They enjoy equal status and salary. The Minister of Justice can order, but not forbid, a criminal investigation (droit d'injonction positive).
Brazil
In Brazil, the public prosecutors form a body of autonomous magistrates - the Ministério Público - working both at the federal and state level. |utc_offset = -2 to -4 |time_zone_DST = BRST |utc_offset_DST = -2 to -5 |cctld The procuradores da República - federal prosecutors - are divided in three ranks, according to the jurisdiction of the courts before which they officiate, thus the "procuradores da República" (federal prosecutors) officiate before single judges and lower courts, "procuradores regionais da República" (prosecutors who officiate before federal appellate courts)and "subprocuradores gerais da República" (prosecutors who officiate before the superior federal courts). The Procurador Geral da República heads the federal body and tries cases before the Supremo Tribunal Federal (STF), Brazil's highest court, in charge of judicial review and the judgment of criminal offenses perpetrated by federal legislators, members of the cabinet and the President of Brazil. At the state level, the career is usually divided in "promotores de Justiça substitutos" (substitute state prosecutors), "promotores de Justiça" (state prosecutors), which officiate before the lower courts, and "procuradores de Justiça" (prosecutors officiating before the states' court of appeals). There are also military prosecutors whose career, although linked to the federal prosecutors, is divided in a manner similar to state prosecutors. In Brazil the prosecutors' main job is to promote justice, as such they have the duty of not only trying criminal cases, but, if during the trial they become convinced of a defendant's innocence, requesting the judge to acquit him. The prosecutor's office 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 law allows for private prosecution. In such cases, the prosecutor will officiate as custos legis, being responsible to ensure that justice is indeed carried out. Although empowered by law to do so, prosecutors conduct criminal investigations only in major cases, usually envolving police or public officials' wrongdoings. Also, they are in charge of supervising police work and directing the police in their investigations. The power of individual prosecutors to hold criminal investigations is still controversial and, although massively supported by judges, prosecutors and the general population, it is being contested before the Supremo Tribunal Federal. Beside their criminal duties, Brazilian prosecutors are among those authorized by the Brazilian constitution to bring 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
In France, the prosecutor, or Procureur de la République (or Procureur Général in an Appeal Court or Avocat Général in the Court of Cassation) is assisted by deputies (substituts). This article is about the country For a topic outline on this subject see List of basic France topics. Court of Appeal, Court of Appeals, and Appellate Division redirect here for a list of specific courts using those titles see Court of Appeal The Court of Cassation ( Cour de cassation in French) is the main Court of last resort in France. He opens preliminary enquiries, and if necessary asks for the nomination of an investigating magistrate (a Juge d'Instruction) to lead a judiciary information. This article is about the inquisitorial system for organizing court proceedings In the case of an information led by a judge, the prosecutor does not lead the enquiries, but simply lays down the scope of the crimes that the judge and law enforcement forces investigate upon; he may, like defense attorneys, request or suggest further enquiries. During a criminal trial, the prosecutor has to lay the case in front of the trier of fact (judges or jury). Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. A judge, or justice, is an Official who presides over a Court of law A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them He generally suggests a certain sentence, which the court has no obligation to follow — the court may decide on a higher or lower sentence. The procureur has also some other duties regarding more generally the administration of justice.
Germany
In Germany, the Staatsanwalt (literally 'state attorney') does not just have the "professional responsibility" (as mentioned above) not to withhold exculpatory information, but is required by law to actively determine such circumstances. Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe. The Staatsanwaltschaft or public Prosecutor ’s offices are criminal justice bodies attached to the judiciary but separate from the courts in Germany, Austria
Japan
In Japan, public prosecutors (検察官 kensatsu-kan?) are professional officials who have considerable powers of investigation, prosecution, superintendence of criminal execution and so on. For a topic outline on this subject see List of basic Japan topics. Prosecutors can direct police for investigation purposes and sometimes investigate directly. Only prosecutors can prosecute criminals in principle and prosecutors can decide to prosecute or not. High-ranking officials of the Ministry of Justice are largely prosecutors. The is one of Ministries of the Japanese government. The Ministry of Justice was established under the Constitution of the Empire of Japan in 1871 as the.
Poland
The highest ranking prosecutor office in Poland is the Public Prosecutor General. Poland (Polska officially the Republic of Poland The Public Prosecutor General (Prokurator Generalny is the top prosecuting officer in Poland. Below him is the National Public Prosecutor's Office and Chief Military Prosecutor Office. National Public Prosecutor's Office (Prokuratura Krajowa sometimes als translated as State Prosecutor's Office) is the highest civil organizational unit in Poland Chief Military Prosecutor Office (Naczelna Prokuratura Wojskowa is the highest organizational unit in Poland 's military's Attorney 's office
Socialist law jurisdictions
A Public Procurator is an office used in Socialist judicial systems that in some ways correspond 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 police. A public procurator is an officer of a State charged with both the investigation and prosecution of crime A public procurator is an officer of a State charged with both the investigation and prosecution of crime Socialist law is the official name of the Legal system used in Communist states It is based on the civil law system with major modifications and additions Police are agents or agencies usually of the executive, empowered to enforce the law and to effect public and social order through the legitimatized use of force Conversely the policing systems in socialist countries, such as the Militsiya of the Soviet Union, were not aimed at fulfilling the same roles as police forces in Western democracies. Militia (мили́ция mʲi'lʲitsɨja мiлiцiя мiлíцыя милиция milicja miliţia milica milicija/милиција милиција was used as a short The Union of Soviet Socialist Republics (USSR was a constitutionally Socialist state that existed in Eurasia from 1922 to 1991 The term Western world, the West or the Occident ( Latin: occidens -sunset -west as distinct from the Orient) can have multiple meanings
Soviet Union
In the Soviet Union, the highest functionary of the Office of the Public Procurator was known as "Public Procurator" from 1936. The Procurator General of the USSR ( Генеральный прокурор СССР in Russian, or Generalnyi prokuror SSSR) was the highest functionary The Union of Soviet Socialist Republics (USSR was a constitutionally Socialist state that existed in Eurasia from 1922 to 1991 After 1946 the office was called Procurator General of the USSR. The Procurator General of the USSR ( Генеральный прокурор СССР in Russian, or Generalnyi prokuror SSSR) was the highest functionary
People's Republic of China
A Public Procurator is a position in the People's Republic of China, analogous to both detective and public prosecutor. Supreme People's Procuratorate ( is the highest agency at the national level responsible for Prosecution in the People's Republic of China. A public procurator is an officer of a State charged with both the investigation and prosecution of crime Talk People's Republic of China) PEOPLE'S REPUBLIC OF CHINA ARTICLE GUIDELINES 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
The Supreme People's Procuracy is the highest office of public procurators in Vietnam. The Supreme People’s Procuracy of Vietnam is responsible for prosecutions and legal matters The Supreme People’s Procuracy of Vietnam is responsible for prosecutions and legal matters Vietnam (ˌviːɛtˈnɑːm Việt Nam) officially
Institutional independence
In many countries, the prosecutor's administration is directly subordinate to the executive branch (e. g the US Attorney General is a member of the President's cabinet). This relationship theoretically and in some cases practically leads to situations where the public accuser will either falsely charge people (in Putin's Russia) or refuse to charge arrested persons at all (to keep them in protracted legal limbo as in the case of Guantanamo Bay Camp X-ray), if that serves political aims. Vladimir Vladimirovich Putin (; born 7 October 1952 in Leningrad, USSR; now Saint Petersburg, Russia was the second President of Russia Russia (Россия Rossiya) or the Russian Federation ( Rossiyskaya Federatsiya) is a transcontinental Country extending The Guantanamo Bay Detention Camp is a controversial United States Detention center operated by Joint Task Force Guantanamo since 2002 in Guantanamo Camp X-Ray was a temporary detention facility at the Guantanamo Bay detention camp of Joint Task Force Guantanamo on the U Many thinkers feel such outcomes are incompatible with basic human rights and constitutional ideals. Human rights refers to the "basic Rights and freedoms to which all humans are entitled A constitution is a system for government often Codified as a written document that establishes the rules and principles of an autonomous political entity
In a smaller number of countries, the hierarchy of prosecutors are installed with the same - such as Brazil - or nearly the same liberties the judges traditionally enjoy. |utc_offset = -2 to -4 |time_zone_DST = BRST |utc_offset_DST = -2 to -5 |cctld They are only responsible to the parliament and the chief prosecutor is usually elected for a long period (seven years typically) or even a lifetime. In terms of political theory, this would mean the independent prosecution becomes the fourth column in the architecture of power separation, besides the legislative, executive and judicial branches. A legislature is a type of representative Deliberative assembly with the power to create amend and change Laws The law created by a legislature is called Legislation In Political science and Constitutional law, the executive is the branch of government responsible for the day-to-day management of the State. In Law, the judiciary or judicial system is the system of Courts which administer Justice in the name of the sovereign or State
In practice, such establishment often results in heated political debates, as new governments regularly accuse the reigning chief prosecutor of being "informally grateful" to the political opposition (i. e. the former parliamentary majority which elected him/her for a period extending multiple parliamentary cycles). In Hungary, the new government created the method of "private accusing" in 2003 as a response, meaning person(s) or a private entity can directly petition the courts to hold trial against someone they feel is guilty of a crime, should the prosecutor refuse to indict him/her. Hungary (Magyarország 'mɔɟɔrorsaːg) officially in English the Republic of Hungary ( Magyar Köztársaság, literally Magyar (Hungarian Republic If a reviewing judge agrees with the private accusing, a judge selected from another court district will hold the trial and force a prosecutor to represent the charges. Such creations may hurt the scheme of separation of powers more than they remedy problems of alleged or existing bias. Separation of powers, a term ascribed to French Enlightenment Political philosopher Baron de Montesquieu, is a model for the Governance In Brazil there is a similar provision which transfers the power to prosecute to the crime victim if, and only if, the prosecutor in charge of the case fails to make a decision to file or drop the charges in the deadline established by the penal procedure code. Although contested by some, this provision is often thought of as a welcomed form of public control of the prosecutor's office activities.
Bibliography
- MAZZILLI, Hugo Nigro. 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 http://www.larchivio.org/xoom/raoulirish.htm
http://www.larchivio.com/diritto.htm
- Erick MAUREL "Paroles de procureur" ( ed. GALLIMARD 2008 - PARIS - ISBN-13: 978-2070119776 )
External links
- www.prosecutor.info indexes almost 2,900 prosecutor web sites throughout the USA and other countries.
- www.ProsecutorTips.com Free trial advocacy tips for prosecutors and trial
EUROPE
M.E.D.E.L European association of judges and public prosecutors
CCPEConsultative council of European prosecutors
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