ORGANISATION OF PROSECUTORS

CHAITANYA LIMBACHIYAROLL NO. 4

(LLM - I Criminal Group 2016-17)

Prosecutor

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. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law.

Who are Prosecutors?

Prosecutors are typically lawyers who possess a law degree, and are recognized as legal professionals by the court in which they intend to represent society (that is, they have been admitted to the bar).

Main tasks of the Public Prosecution

Investigating criminal offences Deciding to prosecute or not to prosecute Out of court settlements: transaction,

community service, imposing fines/ withdrawal of driving licence,

Prosecuting offenders Supervising enforcement of sentences.

The Twin Track

REPRESSION

PREVENTION

Fight the Criminality

Institutional Models (centralized or not)

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Prisons

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Organisation of the PPS in INDIA

PUBLIC PROSECUTORS

Lawyers with a minimum of 7 years of experience may be appointed as public prosecutors by the state government.

THE ASSISTANT PUBLIC PROSECUTORS, GRADE-I & GRADE-II

Appointed by a state government on the basis of a competitive examination conducted by the State Public Service Commission. They are law graduates falling within a specified age group.

Organisation of the PPS in FRANCE

CHIEF PROSECUTOR or Procureur de la République 

(or procureur général in an appellate court or in the Supreme Court)

generally initiates preliminary investigations and, if necessary, asks an examining judge, or juge d'instruction, be assigned to lead a formal judicial investigation.

DEPUTY PROSECUTORS (avocats généraux)

defining the scope of the crimes being examined by the judge and law enforcement forces.

ASSISTANT PROSECUTORS (substituts).

Organisation of the PPS in ENGLAND

CROWN PROSECUTORS (also known as reviewing lawyers) provide advice to investigators and take charging decisions

 CROWN ADVOCATES 

present prosecution cases in court

ASSOCIATE PROSECUTORSrepresent the CPS in cases with guilty pleas in the magistrates’ courts; and paralegals/casework assistants provide clerical support and help with progressing cases.

SELF-EMPLOYED BARRISTERS are also paid to represent the prosecution in court in more complicated cases (primarily in the Crown Court and appeal courts) and to provide expert advice when required.

Organisation of the PPS in CHINA

Prosecutor General

will be nominated by the President and appointed upon approval of the Legislative Yuan, and will hold the office for four years and is not re-electable. 

One Secretary General & a specified number of Law Clerks are placed under the Supreme Prosecutors Office.

The Law Clerks

are in charge of records, research and valuation, data, documentation, and general affairs

Common law jurisdictions

They usually only become involved in a criminal case once a suspect has been identified and charges need to be filed. 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, especially those countries with federal governments where sovereignty has been bifurcated or devolved in some way.

Civil law jurisdictions

Prosecutors are typically civil servants who possess a university degree in law, and additional training in the administration of justice. In some countries, such as France and Italy, they belong to the same corps of civil servants as the judges.

Socialist law jurisdictions

A Public Procurator is an office used in Socialist judicial 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 police. 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.

Questions?

Thank You