HOME

TheInfoList



OR:

A prosecutor is a legal representative of the prosecution in states with either the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
adversarial system or the civil law
inquisitorial system An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of a ...
. The prosecution is the legal party responsible for presenting the case in a
criminal In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
trial In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or d ...
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 A law degree is an academic degree conferred for studies in law. Such degrees are generally preparation for legal careers. But while their curricula may be reviewed by legal authority, they do not confer a license themselves. A legal license is gra ...
, 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 Solicitor advocate is a hybrid status which allows a solicitor in the United Kingdom and Hong Kong to represent clients in higher courts in proceedings that were traditionally reserved for barristers. The status does not exist in most other comm ...
in
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
. They become involved in a criminal case once a suspect has been identified and
charges Charge or charged may refer to: Arts, entertainment, and media Films * ''Charge, Zero Emissions/Maximum Speed'', a 2011 documentary Music * ''Charge'' (David Ford album) * ''Charge'' (Machel Montano album) * '' Charge!!'', an album by The Aqu ...
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 prosecution of government officials. Multiple offices exist in a single country, especially in those countries with federal governments where sovereignty has been bifurcated or devolved in some way. Since prosecutors are backed by the power of the state, they are subject to special
professional responsibility Professional responsibility is a set of duties within the concept of professional ethics for those who exercise a unique set of knowledge and skill as professionals. Professional responsibility applies to those professionals making judgments, a ...
rules in addition to those binding all lawyers. For example, in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, Rule 3.8 of the
ABA Model Rules of Professional Conduct The American Bar Association's Model Rules of Professional Conduct (MRPC) are a set of rules and commentaries on the ethical and professional responsibilities of members of the legal profession in the United States. Although the MRPC generally is ...
requires prosecutors to "make timely disclosure to the defense of all evidence or information that tends to negate the guilt of the accused or mitigates the offense." Not all U.S. states adopt the model rules; however, U.S. Supreme Court cases and other appellate cases have ruled that such disclosure is required. Typical sources of ethical requirements imposed on prosecutors come from appellate court opinions, state or federal court rules, and state or federal statutes (codified laws).


Directors of public prosecutions

In
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
,
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
,
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
,
Kenya ) , national_anthem = "Ee Mungu Nguvu Yetu"() , image_map = , map_caption = , image_map2 = , capital = Nairobi , coordinates = , largest_city = Nairobi , ...
,
Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...
,
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
,
Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. A ...
,
Trinidad and Tobago Trinidad and Tobago (, ), officially the Republic of Trinidad and Tobago, is the southernmost island country in the Caribbean. Consisting of the main islands Trinidad and Tobago, and numerous much smaller islands, it is situated south of ...
,
Guyana Guyana ( or ), officially the Cooperative Republic of Guyana, is a country on the northern mainland of South America. Guyana is an indigenous word which means "Land of Many Waters". The capital city is Georgetown. Guyana is bordered by the ...
,
Kenya ) , national_anthem = "Ee Mungu Nguvu Yetu"() , image_map = , map_caption = , image_map2 = , capital = Nairobi , coordinates = , largest_city = Nairobi , ...
, and
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
, the head of the prosecuting authority is known as the
director of public prosecutions The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members o ...
(DPP) and is appointed, not elected. A DPP may be subject to varying degrees of control by the
attorney general In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
, a formal written directive which must be published. In Australia, the Offices of the Director of Public Prosecutions institute prosecutions for
indictable offence In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...
s on behalf of
the Crown The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...
. At 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 to prepare an application to the relevant court for search, listening device or telecommunications interception warrants. More recent constitutions, such as
South Africa's South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
, tend to guarantee the independence and impartiality of the DPP.


Common law jurisdictions


Australia

Prosecutors in Australia come in a few distinct species. Prosecutors of minor criminal cases in lower courts are Police Sergeants with a traineeship in prosecution and advocacy lasting approximately 1 year in duration, although they may hold law degrees. Crown Prosecutors are always lawyers, and typically barristers, and they represent the State or Commonwealth in serious criminal cases in higher courts, County Court and above. Aside from Police prosecutors and Crown prosecutors, government agencies have the authority to appoint non-lawyers to prosecute on their behalf, such as the RSPCA Inspectors.


Canada

In Canada, public prosecutors in most provinces are called Crown Attorney or Crown Counsel. They are generally appointed by the provincial Attorney-General.


England and Wales

The prosecution landscape in England and Wales is highly varied, meaning that a 'prosecutor' can refer to a number of different individuals and roles.


Types of prosecutor

The primary prosecutor in the jurisdiction is the Crown Prosecution Service (CPS) which is led by the Director of Public Prosecutions (DPP). The CPS prosecutes on behalf of
the Crown The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...
and also takes forward prosecutions originating from police investigations. Text was copied from this source, which is available under a
Open Government Licence v3.0
© Crown copyright.
While the DPP must be a suitably qualified lawyer unde
s71 Courts and Legal Services Act 1990
the DPP does not take on cases themselves and instead plays an administrative and leadership role. In this way, while the DPP may be referred to as a 'prosecutor' the individual in the role would not take any cases to court. The DPP is appointed by the
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
and the Attorney General also has a supervisory authority as the 'sponsor' of the CPS, however, the CPS is an independent body and the Attorney General cannot direct particular prosecutions. Unlike in the United States of America and other jurisdictions, the Attorney General is not a prosecutor in England and Wales. Rather, the role is a political office of the chief legal advisor to the
executive Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive dire ...
. Crown Prosecutors are lawyers who work for the CPS. They are responsible for researching, advising police investigations, preparing cases for trial and sometimes presenting the case at trial. These lawyers may also be referred to as 'prosecutors'. A number of other bodies have authority to bring prosecutions in England and Wales include the Serious Fraud Office (SFO),
Service Prosecuting Authority The Service Prosecuting Authority (SPA) is the organisation within the Ministry of Defence, responsible for consideration of cases referred to it by the Service Police and where appropriate the Military Chain of command and where necessary the di ...
and Financial Conduct Authority (FCA). These organisations and their legal representatives may be called 'prosecutors.' This is the same for any person, organisation or their representatives during a
private prosecution A private prosecution is a criminal law, criminal proceeding initiated by an individual private citizen or private organisation (such as a prosecution association) instead of by a public prosecutor who represents the State (polity), state. Private p ...
. Finally, when cases are brought to trial a
barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
, or
solicitor A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
with
higher rights of audience Higher may refer to: Music * The Higher, a 2002–2012 American pop rock band Albums * ''Higher'' (Ala Boratyn album) or the title song, 2007 * ''Higher'' (Ezio album) or the title song, 2000 * ''Higher'' (Harem Scarem album) or the title song ...
, may present the case before a
magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...
,
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
or
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...
. In these instances, referring to the 'prosecutor' would refer to the lawyer conducting the case during trial. In most serious offences, the CPS or other prosecuting authority will instruct a barrister to represent them. In the most serious cases this may be a
King's Counsel In the United Kingdom and in some Commonwealth countries, a King's Counsel ( post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or ...
, and barristers may work in teams with a leader directing 'juniors'. Unlike in the United States, these prosecuting barristers will work on a case-by-case basis and so may also engage in defence work - they will not be employed to solely undertake prosecution advocacy.


The approach of the CPS to prosecutions

Crown Prosecutors are bound by a strict code of conduct, known as th
Code for Crown Prosecutors
which governs how cases are charged and trials conducted. This fundamental code is supported by a range of other policies, most notably th
DIrector's Guidance on Charging
The first stage in prosecuting a case is deciding to charge the suspect - it is this process which begins the prosecution. The CPS have authority to decide whether a person is charged in all offences, though the police may charge all
summary may refer to: * Abstract (summary), shortening a passage or a write-up without changing its meaning but by using different words and sentences * Epitome, a summary or miniature form * Abridgement, the act of reducing a written work into a sho ...
offences, and either-way offences when there is an anticipated guilty
plea In legal terms, a plea is simply an answer to a claim made by someone in a criminal case under common law using the adversarial system. Colloquially, a plea has come to mean the assertion by a defendant at arraignment, or otherwise in response ...
and the nature of the offence is suitable for sentence in magistrates’ court. Text was copied from this source, which is available under a
Open Government Licence v3.0
© Crown copyright.
In order to charge the circumstances must meet the Full Code Test. In some urgent cases, a lower Threshold Test can be applied to get a charge quickly, but the Full Code Test must then be applied at the earliest opportunity. The Full Code Test has two stages, both parts are equal and must be met before a prosecution can be brought. The Threshold Test must be kept under proactive and continuous review, and should only be used in rare and urgent circumstances.


Prosecutions by other government agencies

State investigative agencies such as the SFO and FCA, alongside independent prosecutors like the Service Prosecuting Authority, may all bring prosecutions themselves without using the CPS. Nevertheless, these prosecutors will follow the standards set by the Code of Crown Prosecutors alongside their own prosecution policies, which may deal with issues specific to the types of crime they engage with. There may at times be a confusion as to which agency is responsible for having brought a prosecution. Which agency is prosecuting may effect whether an offence can be properly tried - as not all agencies can investigate and prosecute all offences. In ''R. v Stafford Justices ex parte Customs and Excise Commissioners'' (1991) 2 All ER 201 it was found by the court that a prosecution is instituted by the police only when they have investigated, arrested and brought the arrested person to the custody officer. A case is not instituted by the police simply because a custody officer at a police station charges the suspect. Applying the same principle, proceedings are instituted by another prosecuting agency when they have been solely responsible for the investigation and arrest of the suspect, even though the suspect is taken to the police station to be charged by a custody officer. The CPS advise that a case should probably be conducted by another prosecuting authority if any of the following factors apply: * the police did not conduct the majority of the investigation; * the police were only involved in overseeing a search, effecting an arrest or assisting other investigators in the conduct of an interview; * the other authority is in possession of all the main exhibits; * someone other than a police officer is named on the charge sheet as the person accepting the charge or as the officer in the case.


Prosecutions requiring special consent

Prosecutions under certain acts require the consent of the Attorney General or DPP before they can proceed. In practice the following types of consent may be required: The range of offences which require consent is wide, a list of the offences can be found a
Annex 1 - Consents to Prosecute


Private prosecutions

In England and Wales there is a statutorily protected common law right for any person to institute a
private prosecution A private prosecution is a criminal law, criminal proceeding initiated by an individual private citizen or private organisation (such as a prosecution association) instead of by a public prosecutor who represents the State (polity), state. Private p ...
. This right is retained b
s6(1) Prosecution of Offenders Act 1985
Some organisations regularly use private prosecutions on a large scale to achieve an institutional goal, for example the vast majority of prosecutions under the Animal Welfare Act 2006 are prosecuted by the Royal Society for the Prevention of Cruelty to Animals (RSPCA) as private prosecutions. The Post Office has also recently under taken a wide array of private prosecutions against post masters, leading to a subsequent scandal in which these prosecutions have widely come to be seen as a miscarriage of justice. The RSPCA have come under strong criticism for lacking sufficient independence to act as a prosecutor from th
independent 'Wooler' review
th
Environmental, Food and Rural Affairs Committee
and th
Justice Select Committee
given they also investigate the offences and campaign politically for animal rights. The ongoing issues with private prosecutions outlined above has led to the Justice Select Committee calling for a closer examination of the process and regulation by government. It is usually practically difficult for an individual to bring a private prosecution given the high cost - estimated by the Ministry of Justice at £8,500 on average. Even if a private prosecutor is not legally qualified, they must meet the usual legal requirements lawyers must undertake including the Criminal Procedure Rules and appropriate disclosure standards. Text was copied from this source, which is available under a
Open Government Licence v3.0
© Crown copyright.


DPP's power to take over private prosecutions

The DPP has authority to take over any prosecution instituted by another person or organisation, and to discontinue the prosecution if they see fit. The CPS have set out public guidance on when they will take over a prosecution, this indicates that the CPS should take over and continue with the prosecution if the papers clearly show all of the following: * the evidential sufficiency stage of the Full Code Test is met; and * the public interest stage of the Full Code Test is met; and * there is a particular need for the CPS to take over the prosecution. The final consideration is designed to cover the situation where, for whatever reason, the investigative authorities with which the CPS usually deals have not brought the case to the CPS' attention and yet it is a case that merits the prosecution being conducted by a public prosecuting authority rather than by a private individual.


New Zealand

In New Zealand, most crimes are prosecuted by a Police Prosecutor, an employee of the
New Zealand Police The New Zealand Police ( mi, Ngā Pirihimana o Aotearoa) is the national police service and principal law enforcement agency of New Zealand, responsible for preventing crime, enhancing public safety, bringing offenders to justice, and maintai ...
. The most serious crimes - about 5% of all crimes - is outsourced to a lawyer working at private law firm known as a Crown prosecutor.


Scotland

Though
Scots law Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland l ...
is a mixed system, its civil law jurisdiction indicates its civil law heritage. Here, all prosecutions are carried out by Procurators Fiscal and
Advocates Depute An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, ...
on behalf of the
Lord Advocate , body = , insignia = Crest of the Kingdom of Scotland.svg , insigniasize = 110px , image = File:Official Portrait of Dorothy Bain QC.png , incumbent = Dorothy Bain KC , incumbentsince = 22 June 2021 , appointer = Monarch on the advice ...
, and, in theory, they can direct investigations by the
police The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and t ...
. 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 or not to prosecute it under
solemn procedure Solemn proceedings is the term used in Scotland for serious criminal cases prosecuted on indictment before a judge and jury. These are distinct from summary proceedings before a sheriff or justice of the peace sitting without a jury. See also ...
or
summary procedure In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of an ...
. Other remedies are open to a prosecutor in Scotland, including
fiscal fine A fiscal fine (formally a fixed penalty conditional offer) is a form of deferred prosecution agreement in Scotland issued by a procurator fiscal for certain summary offences as an alternative to prosecution. Alternatives to prosecution are call ...
s and non-court based interventions, such as
rehabilitation Rehabilitation or Rehab may refer to: Health * Rehabilitation (neuropsychology), therapy to regain or improve neurocognitive function that has been lost or diminished * Rehabilitation (wildlife), treatment of injured wildlife so they can be retur ...
and
social work Social work is an academic discipline and practice-based profession concerned with meeting the basic needs of individuals, families, groups, communities, and society as a whole to enhance their individual and collective well-being. Social work ...
. All prosecutions are handled within the Crown Office and Procurator Fiscal Service. Procurators fiscal will usually refer cases involving minors to
Children's Hearings A children's hearing is part of the Scots law, legal and well-being, welfare systems in Scotland; it aims to combine justice and welfare for children and young people. As of 31 March 2020, 8,875 of Scotland's children were subject to a compulsor ...
, which are not courts of law, but a panel of lay members empowered to act in the interests of the child.


United States

The
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
is the only country in the world where citizens elect prosecutors. The director of a prosecution office is known by any of several names depending on the jurisdiction, most commonly
district attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a l ...
. Other names include state's attorney, state attorney, county attorney, and commonwealth's attorney. The prosecution is the legal party responsible for presenting the case against an individual or a corporation suspected of breaking the law, initiating and directing further criminal investigations, guiding and recommending the sentencing of offenders, and are the only attorneys allowed to participate in grand jury proceedings. The titles of prosecutors in state courts vary from state to state and level of government (i.e. city, county, and state) and include the terms
District Attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a l ...
in
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
,
California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
,
Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
,
Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
,
Delaware Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Del ...
,
Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
,
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
,
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
,
Nevada Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
,
Wisconsin Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake M ...
,
Oregon Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...
, and
Oklahoma Oklahoma (; Choctaw language, Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a U.S. state, state in the South Central United States, South Central region of the United States, bordered by Texas on the south and west, Kansas on the nor ...
; City Attorney in
California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
cities (typically prosecute only minor and misdemeanor offenses) Commonwealth's Attorney in Kentucky and Virginia; County Attorney in
Nebraska Nebraska () is a state in the Midwestern region of the United States. It is bordered by South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Kansas to the south; Colorado to the southwe ...
,
Minnesota Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
, and
Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
; County Prosecutor in
New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...
,
Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
, and
Indiana Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th s ...
; District Attorney General in Tennessee; Prosecuting Attorney in
Arkansas Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the Osage ...
,
Hawaii Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only stat ...
,
Idaho Idaho ( ) is a state in the Pacific Northwest region of the Western United States. To the north, it shares a small portion of the Canada–United States border with the province of British Columbia. It borders the states of Montana and Wyom ...
,
Michigan Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
,
Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered on ...
, and
West Virginia West Virginia is a state in the Appalachian, Mid-Atlantic and Southeastern regions of the United States.The Census Bureau and the Association of American Geographers classify West Virginia as part of the Southern United States while the Bur ...
(as well as in
Missouri Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee ...
where cities additionally use "City Attorneys" to prosecute on their behalf);
State's Attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a loc ...
in Connecticut, Florida, Illinois, Maryland, North Dakota, and Vermont; State Prosecutor; Attorney General in Delaware and Rhode Island; and Solicitor in South Carolina. Prosecutors are most often chosen through local elections, and typically hire other attorneys as deputies or assistants to conduct most of the actual work of the office.
United States Attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal c ...
s are appointed by the
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
and confirmed by the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
. They represent the
federal government A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governin ...
in federal court in both civil and criminal cases. Private attorneys general can bring criminal cases on behalf of private parties in some states. Prosecutors are required by state and federal laws to follow certain rules. For example, the government must disclose exculpatory evidence to the defense; must disclose matters affecting the credibility of prosecution witnesses, such as an agreement to dismiss the witness's own charges in exchange for their testimony; must not destroy potentially useful evidence in bad faith; and must not use false testimony to secure a conviction. Failure to follow these rules may result in a finding of
prosecutorial misconduct In jurisprudence, prosecutorial misconduct or prosecutorial overreach is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropri ...
, although a 2013 investigation found that actual discipline for prosecutorial misconduct was lacking. Prosecutors are also tasked with seeking justice in their prosecutions. "The United States Attorney," explained the U.S. Supreme Court,
is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all, and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the two-fold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor—indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.
Prosecutors in some jurisdictions have the discretion to not pursue criminal charges, even when there is
probable cause In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition or f ...
, if they determine that there is no reasonable likelihood of conviction. Prosecutors may dismiss charges in this situation by seeking a
voluntary dismissal Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit). A voluntary dismissal with prejudice (meaning the plaintiff is permanently barred from further litigating the same ...
or
nolle prosequi , abbreviated or , is legal Latin meaning "to be unwilling to pursue".Nolle prosequi
. refe ...
. In
Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to ...
,
Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
,
Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
, and
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
, criminal prosecutions are brought in the name of the
Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...
. In
California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
,
Colorado Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...
,
Illinois Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolita ...
,
Michigan Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
, and
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
, criminal prosecutions are brought in the name of the People. In the remaining states, criminal prosecutions are brought in the name of the State.


Civil law jurisdictions

Prosecutors are typically
civil servant The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...
s who possess a
university degree An academic degree is a qualification awarded to students upon successful completion of a course of study in higher education, usually at a college or university. These institutions commonly offer degrees at various levels, usually including unde ...
in law and additional training in the administration of justice. In some countries, such as
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
and
Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical re ...
, they are classed as judges.


Belgium

In Belgium, the Senior Crown prosecutor (''Procureur du Roi/Procureur des Konings'' in trial courts and ''Procureur Général/Procureur-Generaal'' in appellate courts) is supported by subordinate Crown prosecutors (''substituts/substituten''). They open preliminary investigations and can hold a suspect in custody for up to 48 hours. When necessary, a Crown prosecutor will request an examining judge (''juge d'instruction''/''onderzoeksrechter'') be appointed to lead a judicial inquest. With a judge investigating, Crown prosecutors do not conduct the interrogatories, but simply lay out the scope of the crimes which the judge and law enforcement forces investigate (''la saisine''). Like defense counsel, Crown prosecutors can request or suggest further investigation be carried out. The Crown prosecutor is in charge of policy decisions and may prioritize cases and procedures as need be. During a criminal trial, prosecutors must introduce and explain the case to the trier of fact, i.e., judges or jury. They generally suggest a reasonable sentence which the court is not obligated to follow; the court may decide on a tougher or softer sentence. Crown prosecutors also have a number of administrative duties. They may advise the court during civil actions. Under Belgian law, judges and prosecutors are judicial officers with equal rank and pay. The Minister of Justice can order a criminal investigation but cannot prevent one (''droit d'injonction positive''/''positief injunctierecht'').


Brazil

In
Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
, the public prosecutors form a body of autonomous civil servants—the Public Ministry (''Ministério Público'')—working both at the federal and state level. Members of the Federal Prosecution Service are divided in three ranks, according to the jurisdiction of the courts before which they officiate. Federal Prosecutors (''Procuradores da República'') officiate before single judges and lower courts, Federal Circuit Prosecutors (''procuradores regionais da República'') before federal appellate courts, and Associate Federal Prosecutors General (''subprocuradores gerais da República'') before superior federal courts. The
Prosecutor General of the Republic The Prosecutor General of the Republic ( pt, Procurador-Geral da República) is the head of the Brazilian Federal Prosecution Office, an autonomous agency in charge of criminal prosecution and the defense of society in general. The Prosecutor Gen ...
(''Procurador Geral da República'') heads the federal body, and tries cases before the
Brazilian Supreme Court The Supreme Federal Court ( pt, Supremo Tribunal Federal, , abbreviated STF) is the supreme court (court of last resort) of Brazil, serving primarily as the Constitutional Court of the country. It is the highest court of law in Brazil for const ...
. At the state level, the career is usually divided in state prosecutors (''promotores de Justiça'') who practice before the lower courts and state apellate prosecutors (''procuradores de Justiça'') who practice before the state courts 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 involving police or public officials' wrongdoings. Also, they are in charge of external control over police activity and requesting the initiation of a police investigation. The power of individual prosecutors to hold criminal investigations was controversial and, although massively supported by judges, prosecutors and the general population, it was contested before the Supremo Tribunal Federal, but in 2015, this Court decided favorably to its power (RGE n. 593.727-MG). According to a 2012 law, the chief of police (''delegado de polícia''), as the police authority, is responsible for conducting the criminal investigation in Brazil by means of a police investigation (''inquérito policial'') or other procedure provided by law that has the purpose of ascertaining the circumstances, materiality, and authorship of criminal offenses. Similar provisions are found in the Code of Criminal Procedure and in article 144 of the federal constitution. 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 France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
, the Office of the Prosecutor includes a Chief Prosecutor (''Procureur de la République'' in trial courts and ''procureur général'' in
appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
s or the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
) and his deputies and assistants (''avocats généraux'' and ''substituts''). The Chief Prosecutor generally initiates preliminary investigations and, if necessary, asks that an examining judge (''
juge d'instruction In an inquisitorial system of law, the examining magistrate (also called investigating magistrate, inquisitorial magistrate, or investigating judge) is a judge who carries out pre-trial investigations into allegations of crime and in some cases ma ...
'') be assigned to lead a formal judicial investigation. When an investigation is led by a judge, the prosecutor plays a supervisory role, defining the scope of the crimes being examined by the judge and law enforcement forces. Like defense counsel, the chief prosecutor may
petition A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication. In the colloquial sense, a petition is a document addressed to some offici ...
or move for further investigation. During criminal proceedings, prosecutors are responsible for presenting the case at trial to either the bench or the
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...
. Prosecutors generally suggest advisory sentencing guidelines, but the sentence remains at the court's discretion to decide, to increase or reduce as it sees fit. In addition, prosecutors have several administrative duties. Prosecutors are considered magistrates under French law, as in most civil law countries. While the defense and the plaintiff are both represented by common lawyers, who sit (on chairs) on the courtroom floor, the prosecutor sits on a platform as the judge does, although he doesn't participate in deliberation. Judges and prosecutors are trained at the same school, and regard one other as colleagues.


Germany

In
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
, the '' Staatsanwalt'' ("state attorney") is a life-tenured public official in the senior judicial service belonging to the same
corps Corps (; plural ''corps'' ; from French , from the Latin "body") is a term used for several different kinds of organization. A military innovation by Napoleon I, the formation was first named as such in 1805. The size of a corps varies great ...
as
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
s. The Staatsanwalt heads pre-trial criminal investigations, decides whether to press a charge or drop it, and represents the government in criminal courts. The Staatsanwalt not only has the "professional responsibility" not to withhold exculpatory information, but is also required by law to actively determine such circumstances and to make them available to the defendant or the defense attorney. If the Staatsanwalt is not convinced of the defendant's guilt, the state attorney is required to plead against or in favor of the defendant according to the prosecutor's own assessment. Prosecution is
compulsory Compulsion may refer to: * Compulsive behavior, a psychological condition in which a person does a behavior compulsively, having an overwhelming feeling that they must do so. * Obsessive–compulsive disorder, a mental disorder characterized by i ...
if the prosecutor has sufficient evidence to convict.


Italy

In
Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical re ...
, a Prosecutor's Office is composed of a Chief Prosecutor (''procuratore capo'') assisted by deputies (''procuratori aggiunti'') and assistants (''sostituti procuratori''). Prosecutors in Italy are judicial officers just like judges and are ceremonially referred to as ''Pubblico Ministero'' ("Public Ministry" or P.M.). Italian Prosecutors officiate as ''
custos legis {{Wiktionary, custos ''Custos'' is the Latin word for guard. Titles * Custos rotulorum ("keeper of the rolls"), a civic post in parts of the United Kingdom and in Jamaica * Custos (Franciscans), a religious superior or official in the Franci ...
'', being responsible to ensure that justice is indeed carried out. They are obligated under the Constitution to initiate preliminary investigations once they are informed or take personal notice of a criminal act—'' notitia criminis''—or receive a bill of complaint. They can direct investigations or conduct them through orders and directives given to (judicial) police detectives, who can make their own parallel investigations in coordination with the Prosecutor. If enough evidence has been gathered in order to proceed, the prosecution is compulsory and it must move from preliminary investigations to initiate trial proceedings. At trial, the prosecuting attorney has to handle the prosecution but has an overarching duty to promote justice. In practice, this duty means that prosecutors are prohibited from withholding exculpatory evidence and must request that the judge acquit the defendant if, during the trial, the prosecutor becomes convinced of the defendant's innocence, or agrees that there is no evidence that proves his guilt beyond any reasonable doubt. In appellate courts, the Office of the Prosecutor is called ''Procura Generale'' and the Chief Prosecutor the ''Procuratore Generale'' (PG). The ''Procuratore Generale presso la Corte di Cassazione'' is the Chief General Prosecutor before the
Corte di Cassazione The Supreme Court of Cassation ( it, Corte Suprema di Cassazione) is the highest court of appeal or court of last resort in Italy. It has its seat in the Palace of Justice, Rome. The Court of Cassation also ensures the correct application of ...
, the Supreme Court of Italy. Prosecutors are allowed during their career to act in the other's stead, but a recent ruling by the Italian Constitutional Court stated that prosecutors, who wish to become judges, must relocate to another region and are prohibited to sit or hear trials that they themselves initiated.


Japan

In
Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
, are professional officials who have considerable powers of investigation, prosecution, superintendence of criminal execution and so on. Prosecutors can direct police for investigation purposes, and sometimes investigate directly. Only prosecutors can prosecute criminals in principle, and prosecutors can decide whether to prosecute or not. High-ranking officials of the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Just ...
are largely prosecutors.


Poland

The highest-ranking prosecutor office of the Prokuratura in
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 ...
is the Prokurator Generalny (
General Prosecutor A general officer is an officer of high rank in the armies, and in some nations' air forces, space forces, and marines or naval infantry. In some usages the term "general officer" refers to a rank above colonel."general, adj. and n.". OED O ...
)—chief of the Prokuratura Krajowa (National Public Prosecutor's Office). The GP has 5 deputies. Structure of Public Prosecution in Poland is 4-level: Prokuratura Krajowa — National Public Prosecutor's Office --> prokuratury regionalne — provincial public prosecutor's offices (11) --> prokuratury okręgowe — regional public prosecutor's offices (45) --> prokuratury rejonowe — district public prosecutor's offices (358). Apart from a brief period between 2010 and 2016, the position of Public Prosecutor General has been held concurrently by the Minister of Justice.


South Korea

Prosecutors are public officials who are members of the Prosecutor's Office. Prosecutors can conduct crime investigations directly or indirectly. They are responsible for the entire process of investigations and court prosecutions. Since Korean modern law was designed after civil law, the role of Korean prosecutors is similar or identical to that of European equivalents in commanding investigations, determining indictable cases and prosecuting process. A prosecutor has the power to prohibit a defendant or an accused individual from departing the Republic of Korea via an "international hold".


Sweden

In Sweden, public prosecutors are lawyers who work out of the
Swedish Prosecution Authority The Swedish Prosecution Authority ( sv, Åklagarmyndigheten) is the principal agency in Sweden responsible for public prosecutions. It is a wholly independent organisation; not dependent on the courts or the police, and although it is organized un ...
( sv, Åklagarmyndigheten) and direct police investigations of serious crimes. For all criminal cases, public prosecutors decide arrests and charges on behalf of the public and are the only public officers who can make such decisions. Plaintiffs also have the option of hiring their own special prosecutor (''enskilt åtal''). The exception is cases concerning crimes against the freedom of the press for which the
Chancellor of Justice The Chancellor of Justice is a government official found in some northern European countries, broadly responsible for supervising the lawfulness of government actions. History In 1713, the Swedish King Charles XII, preoccupied with fighting the ...
acts as the prosecuting attorney. In court, the prosecutor is not necessarily in an adversarial relationship to the defendant, but is under an obligation to investigate and present information that may incriminate or exhonerate the defendant. The prosecutor is not a judicial officer, nor do they participate in the private deliberations of the court. Public prosecutors are the only public officers who can decide to appeal cases to
appellate courts A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
. Otherwise, appeals are initiated by defense counsel, the plaintiff, their representatives, and other parties to the case (''målsäganden''). When a case has been decided by an appellate court, the right to appeal to the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
passes from the case's prosecutor to the Prosecutor-General ( sv, Riksåklagaren).


Socialist law jurisdictions

A
Public Procurator A public procurator () is an officer of a state charged with both the investigation and prosecution of crime. The office is a feature of a civil law inquisitorial rather than common law adversarial system. Countries such as Japan, China, Russi ...
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 The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and t ...
. Conversely, the policing systems in socialist countries, such as the
Militsiya ''Militsiya'' ( rus, милиция, , mʲɪˈlʲitsɨjə) was the name of the police forces in the Soviet Union (until 1991) and in several Eastern Bloc countries (1945–1992), as well as in the non-aligned SFR Yugoslavia (1945–1992). The ...
of the
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national ...
, were not aimed at fulfilling the same roles as police forces in Democratic countries.


People's Republic of China

A
Public Procurator A public procurator () is an officer of a state charged with both the investigation and prosecution of crime. The office is a feature of a civil law inquisitorial rather than common law adversarial system. Countries such as Japan, China, Russi ...
is a position in the
People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
, analogous to both
detective A detective is an investigator, usually a member of a law enforcement agency. They often collect information to solve crimes by talking to witnesses and informants, collecting physical evidence, or searching records in databases. This leads th ...
and public prosecutor. 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 Vietnam or Viet Nam ( vi, Việt Nam, ), officially the Socialist Republic of Vietnam,., group="n" is a country in Southeast Asia, at the eastern edge of mainland Southeast Asia, with an area of and population of 96 million, making i ...
.


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). In some other countries, such as
Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical re ...
or
Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
, the prosecutors are judicial civil servants, so they have the same liberties and independence that judges traditionally enjoy. In other countries, a form of private prosecution is available, meaning persons or private entities can directly petition the courts to hold trial against someone they feel is guilty of a crime, should the prosecutor refuse to indict.


Private prosecution

In the early history of England, victims of a crime and their family had the right to hire a private attorney to prosecute criminal charges against the person alleged to have injured the victim. In the 18th century, prosecution of almost all criminal offences in England was private, usually by the victim. In
Colonial America The colonial history of the United States covers the history of European colonization of North America from the early 17th century until the incorporation of the Thirteen Colonies into the United States after the Revolutionary War. In the ...
, because of Dutch (and possibly French) practice and the expansion of the office of
attorney general In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
, public officials came to dominate the prosecution of crimes. However, privately funded prosecutors constituted a significant element of the state criminal justice system throughout the nineteenth century. The use of a private prosecutor was incorporated into the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
of
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
, but is no longer permitted there. Private prosecutors were also used in
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
as late as 1975. Private prosecution has been used in
Nigeria Nigeria ( ), , ig, Naìjíríyà, yo, Nàìjíríà, pcm, Naijá , ff, Naajeeriya, kcg, Naijeriya officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf o ...
, but the practice is being phased out.
Bruce L. Benson Bruce L. Benson (born March 18, 1949) is an American academic economist who is recognized as an authority on law and economics and a major exponent of anarcho-capitalist legal theory. He is chair of the department of economics, DeVoe L. Moore Pr ...
's ''
To Serve and Protect ''To Serve and Protect'', also known as ''Under Arrest'' on streaming services, is a Canadian reality crime television series that shadows city police in Edmonton, Alberta, Winnipeg, Manitoba, Vancouver⁠, Penticton, New Westminster, Summerland, ...
'' lauds the role of private prosecutors, often employed by
prosecution association A prosecution association was an organization of citizens, typically in the same community, who paid dues to cover one another's costs of private prosecution, privately prosecuting offenders should a crime be committed against them. These were p ...
s, in serving the needs of crime victims in England.
Libertarian Libertarianism (from french: libertaire, "libertarian"; from la, libertas, "freedom") is a political philosophy that upholds liberty as a core value. Libertarians seek to maximize autonomy and political freedom, and minimize the state's e ...
theory holds that public prosecutors should not exist, but that crimes should instead be treated as civil
tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
s.
Murray Rothbard Murray Newton Rothbard (; March 2, 1926 – January 7, 1995) was an American economist of the Austrian School, economic historian, political theorist, and activist. Rothbard was a central figure in the 20th-century American libertarian m ...
writes, "In a libertarian world, there would be no crimes against an ill-defined 'society,' and therefore no such person as a 'district attorney' who decides on a charge and then presses those charges against an alleged criminal."


See also

*
Public procurator A public procurator () is an officer of a state charged with both the investigation and prosecution of crime. The office is a feature of a civil law inquisitorial rather than common law adversarial system. Countries such as Japan, China, Russi ...
*
Public prosecutor's office 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 als ...
*
Magistrats Européens pour la Démocratie et les Libertés Magistrats Européens pour la Démocratie et les Libertés (MEDEL; English: European Judges for Democracy and Liberty) is a European association of judges and public prosecutors, set up in 1985 to promote a progressive vision of justice in Europe ...
(European Association of Judges and Public Prosecutors).


References


Bibliography

*
Gad Barzilai Gad Barzilai ( he, גד ברזילי; born 1958) is a full professor of law, political science and international studies, famous for his work on the politics of law, comparative law and politics, human rights and communities. Barzilai published ...
. ''The Attorney General and the State Prosecutor: Is Institutional Separation Warranted?'' (Jerusalem: The Israel Democracy Institute, 2010)
The Index of Arab-Jewish Relations in Israel 2012 (English)
* Hugo Nigro Mazzilli. ''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 * Raoul Muhm, "The role of the Public Prosecutor in Germany" in ''The Irish Jurist'', Volume XXXVIII, New Series 2003, The Law Faculty, University College, Dubli

* Erick Maurel, ''Paroles de procureur'' (Paris: Gallimard, 2008),


External links


Prosecutor.info
indexes almost 2,900 prosecutor web sites throughout the US and other countries.
ProsecutorTips.com
Free trial advocacy tips for prosecutors and trial

Summaries of Recent U.S. Criminal Law Decisions
CCPE
Consultative Council of European Prosecutors

"diritto – history"
IAP
International Association of Prosecutors
Private Prosecution in UK
Edmonds Marshall McMahon Leading Private Prosecutors {{Authority control * Criminal law Government occupations Local government Legal professions Law enforcement