Staatsanwaltschaft
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Staatsanwaltschaft
Public prosecutor's offices are criminal justice bodies attached to the judiciary. They are separate from the courts in Germany, Austria and the German-speaking parts of Switzerland, and are called the Staatsanwaltschaft. This kind of office also exists in Mainland China, Taiwan and Macau (which continues to follow the Portuguese legal system), and in some countries in Central Europe including Slovakia, Slovenia, Poland and the Czech Republic. See also * Prosecution * Parquet (legal) * Public prosecutor's office (Germany) * Public Prosecutors Office (Japan) * Public Prosecutors Office (Brazil) * Public Prosecutors Office (Honduras) * Crown Prosecution Service The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions. The main responsibilities of the CPS are to provide legal adv ... External links Eurojustice Report on GermanyEurojustice Report on Austr ...
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Public Prosecutor's Office (Germany)
{{more citations needed, date=May 2020 The Staatsanwaltschaft, is the public prosecutor's office in Germany. They are the offices of the public prosecutors which are criminal justice bodies attached to the judiciary but separate from the courts. In Germany, the police have an obligation to investigate every single crime reported and subsequently send all investigations to the ''Staatsanwaltschaft''. The public prosecutor, the ''Staatsanwalt'' ( state attorney), reviews the findings of the police and decides whether to indict the accused or halt the proceedings. The prosecutor's office has (in theory) the duty to investigate and pursue any matter in its jurisdiction as soon as it learns that a criminal offence may have been committed (''Legalitätsprinzip''). However, there are some offences which require the victim to explicitly request prosecution (''Antragsdelikt''), other cases may be dropped due to "small guilt" or "non-importance" or the complainant may be told to prosecute on ...
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Parquet (legal)
The is the office of the prosecution, in some countries, responsible for presenting legal cases at criminal trials against individuals or parties accused of breaking the law. Office The word literally means " wooden floor"; this is because, as opposed to the judges, who sit on an elevated platform during trials, the prosecution pleads standing on the floor. This also explains why the judges are sometimes referred to as "sitting magistrates" () or "magistrates of the bench" () while the prosecutors are sometimes referred to as "standing magistrates" (). In France, the is the public prosecutor's office of the appellate court () or the Supreme Court (). In Brazil, the prosecutor's office, the "Public Ministry" (), is metonymically referred to as the ''parquet''. In Romania, the prosecutor's office, the "Public Ministry" (), is also called the () and is allocated to a certain court at the local or national level. In Dutch, the word ''parquet'' is translated as and it is also ...
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Prosecution
A prosecutor is a legal representative of the prosecution in states 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. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar, or obtained a comparable qualification where available - such as solicitor advocates in England and Wales. They become involved in a criminal case once a suspect 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 office can successfully pursue the prosec ...
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Criminal Justice
Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the Rehabilitation (penology), rehabilitation of offenders, preventing other crimes, and moral support for victims. The primary institutions of the criminal justice system are the police, Prosecutor, prosecution and Criminal defense lawyer, defense lawyers, the courts and the prisons system. Criminal justice system Definition The criminal justice system consists of three main parts: #Law enforcement agencies, usually the police #Courts and accompanying Prosecutor, prosecution and Criminal defense lawyer, defence lawyers #Agencies for detaining and supervising offenders, such as prisons and probation agencies. In the criminal justice system, these distinct agencies operate together as the principal means of maintaining the rule of law within society. Law enforcement The first contact a ...
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Poland
Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populous member state of the European Union. Warsaw is the nation's capital and largest metropolis. Other major cities include Kraków, Wrocław, Łódź, Poznań, Gdańsk, and Szczecin. Poland has a temperate transitional climate and its territory traverses the Central European Plain, extending from Baltic Sea in the north to Sudeten and Carpathian Mountains in the south. The longest Polish river is the Vistula, and Poland's highest point is Mount Rysy, situated in the Tatra mountain range of the Carpathians. The country is bordered by Lithuania and Russia to the northeast, Belarus and Ukraine to the east, Slovakia and the Czech Republic to the south, and Germany to the west. It also shares maritime boundaries with Denmark and Sweden. ...
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Crown Prosecution Service
The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions. The main responsibilities of the CPS are to provide legal advice to the police and other investigative agencies during the course of criminal investigations, to decide whether a suspect should face criminal charges following an investigation, and to conduct prosecutions both in the magistrates' courts and the Crown Court. The Attorney General for England and Wales superintends the CPS's work and answers for it in Parliament, although the Attorney General has no influence over the conduct of prosecutions, except when national security is an issue or for a small number of offences that require the Attorney General's permission to prosecute. History Historically prosecutions were conducted through a patchwork of different systems. For serious crimes tried at the county level, justices of the peace or ...
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Public Prosecutors Office (Honduras)
Honduras Public Prosecutor's Office (''Ministerio Público de Honduras'') is a Public and constitutional organization. It was established on 6 January 1994 through Legislative Decree No. 228-93. It has its headquarters in city of Tegucigalpa, the capital of Honduras. It is an independent, autonomous, and non-political organization. It is not under the Supreme Court or the Office of the Attorney General. The Attorney General is appointed by the National Congress. Its main functions are to prosecute all types of crimes, to ensure that every citizen follows the Constitution and the law of the land, and to represent, to defend, and to protect the general interests of society. All of the Republic of Honduras is the jurisdiction of the Public Prosecutor's Office. Every citizen has access to this office without any restriction of age, sex, religion, etc. Historical background Prior to 1994, the public entity that represented the state was part of the Supreme Court of Justice of Hond ...
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Public Prosecutors Office (Brazil)
The Public Prosecutor's Office ( pt, Ministério Público, lit. "Public Ministry", also usually referred as "MP") is the Brazilian body of independent public prosecutors at both the federal (') and state level (''Ministério Público Estadual''). It operates independently from the three branches of government. It was once referred by constitutional lawyer and former president Michel Temer as a "Fourth Branch". The Constitution of 1988 divides the functions of the Public Prosecutor's Office into three different bodies: the '' Public Procurator's Office'', the '' Public Defender's Office'' and the Public Prosecutor's Office itself, each one of them an independent body. In addition to that, the new Constitution created the ''Courts of Account'', also autonomous in its functions. There are three levels of public prosecutors, according to the jurisdiction of the courts before which they perform their duties. There are the federal prosecutors (') who bring cases before judges in lo ...
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Public Prosecutors Office (Japan)
The is the agency for conducting prosecution in Japan. It is an under the . It consists of four tiers of offices: the Supreme Public Prosecutors Office; the High Public Prosecutors Offices (8), the District Public Prosecutors Offices (50); and the Local Public Prosecutors Offices (438). History In 1872, Japan introduced a modern prosecution system following the French system. The 1880 Act provided that public prosecutors had exclusive power of prosecution and it was enforced in 1882. However, the then system adopted preliminary hearings and collection of evidence was placed on pretrial judges. The prosecution department was attached to the courts in 1890. After the World War II, Japan enacted the new Constitution in 1946, which stipulates the principle of separation of powers, and thus, the prosecution department needed to be separated from the courts. The , which established the current prosecution organisations, was enforced on the same day as the new Constitution, 3 Ma ...
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Czech Republic
The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The Czech Republic has a hilly landscape that covers an area of with a mostly temperate continental and oceanic climate. The capital and largest city is Prague; other major cities and urban areas include Brno, Ostrava, Plzeň and Liberec. The Duchy of Bohemia was founded in the late 9th century under Great Moravia. It was formally recognized as an Imperial State of the Holy Roman Empire in 1002 and became a kingdom in 1198. Following the Battle of Mohács in 1526, the whole Crown of Bohemia was gradually integrated into the Habsburg monarchy. The Protestant Bohemian Revolt led to the Thirty Years' War. After the Battle of White Mountain, the Habsburgs consolidated their rule. With the dissolution of the Holy Empire in 1806, the Cro ...
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Slovenia
Slovenia ( ; sl, Slovenija ), officially the Republic of Slovenia (Slovene: , abbr.: ''RS''), is a country in Central Europe. It is bordered by Italy to the west, Austria to the north, Hungary to the northeast, Croatia to the southeast, and the Adriatic Sea to the southwest. Slovenia is mostly mountainous and forested, covers , and has a population of 2.1 million (2,108,708 people). Slovenes constitute over 80% of the country's population. Slovene, a South Slavic language, is the official language. Slovenia has a predominantly temperate continental climate, with the exception of the Slovene Littoral and the Julian Alps. A sub-mediterranean climate reaches to the northern extensions of the Dinaric Alps that traverse the country in a northwest–southeast direction. The Julian Alps in the northwest have an alpine climate. Toward the northeastern Pannonian Basin, a continental climate is more pronounced. Ljubljana, the capital and largest city of Slovenia, is geogr ...
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Judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ...
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