Table of Contents
In this article, we discuss some of the Power of Public Prosecutor, the Role of the public prosecutor, the Role of the prosecutor in the criminal justice system, and importantly what is a public prosecutor.
What is the role of public prosecutor? Public prosecutors are people who investigate cases referred by police to the courts, those involving complaints, and also directly filed with public prosecutors. They deal with cases that are detected by public prosecutors office and decide whether to prosecute them in court.
Powers of Public Prosecutor
Who’s a prosecutor? “Public prosecutors” are employees of the law. They perform duties on behalf of society and in the public interest. They ensure the application of the law where the breach of the law carries a criminal sanction. Prosecuters take into account both the rights of the individual and the necessary effectiveness of the criminal justice system.
In all criminal justice systems, public prosecutors have the following powers:
- Decide whether to initiate or continue prosecutions; conduct prosecutions before the courts; may appeal or conduct appeals concerning all or some court decisions.
- Implement national crime policy while adapting it, where appropriate, to regional and local circumstances; conduct, direct or supervise investigations; ensure that victims are effectively assisted; decide on alternatives to prosecution; supervise the execution of court decisions; etc.
States should take effective measures to guarantee that public prosecutors are able to fulfill their professional duties and responsibilities under adequate legal and organizational conditions as well as adequate conditions as to the means, in particular budgetary means, at their disposal.
Co-operation with the representatives of public prosecutors. States should take measures to ensure that:
a. the recruitment, promotion, and transfer of public prosecutors are carried out according to fair and impartial procedures embodying safeguards against any approach which favors the interests of specific groups, and excluding discrimination on any ground such as sex, race, color, language, religion, political or other opinions, national or social origin, association with a national minority, property, birth, or another status;
b. the careers of public prosecutors, their promotions, and their mobility are governed by known and objective criteria, such as competence and experience;
c. the mobility of public prosecutors is governed also by the needs of the service;
d. public prosecutors have reasonable conditions of service such as remuneration, tenure and pension commensurate with their crucial role as well as an appropriate age of retirement and that these conditions are governed by law;
- e. disciplinary proceedings against public prosecutors are governed by law and should guarantee
- a fair and objective evaluation and decide which should be subject to independent and impartial review;
- f. public prosecutors have access to a satisfactory grievance procedure, including where appropriate access to a tribunal, if their legal status is affected;
- g. public prosecutors, together with their families, are physically protected by the authorities when their personal safety is threatened as a result of the proper discharge of their functions.
States should also take measures to ensure that public prosecutors have effective rights. These include freedom of expression, belief, association, and assembly. In particular, they should have the right to take part in public discussions of matters concerning the law, the administration of justice, and the promotion and protection of human rights.
where the rights mentioned above are violated, an effective remedy should be available. The assignment and re-assignment of cases should meet the requirements of impartiality and independence. It is important to maximize the proper operation of the criminal justice system. In particular, the level of legal qualification and specialization devoted to each matter.
Public prosecutors should be made aware of:
a. the principles and ethical duties of their office;
b. the constitutional and legal protection of suspects, victims, and witnesses;
c. human rights and freedoms as laid down by the Convention for the Protection of Human Rights and Fundamental Freedoms, especially the rights as established by Articles 5 and 6 of this Convention;
d. principles and practices of organization of work, management, and human resources in a judicial context;
e. mechanisms and materials which contribute to consistency in their activities.
Furthermore, states should take effective measures to provide additional training on specific
issues or in specific sectors.
In order to respond better to developing forms of criminality, particularly organized crime, specialization should be seen as a priority. In terms of the organization of public prosecutors, as well as in terms of training and in terms of careers. Recourse to teams of specialists, including multi-disciplinary teams, designed to assist public prosecutors in carrying out their functions should also be developed.
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