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97-496: It is the "first line" of coverage that a business typically purchases, and covers many of the common risks that can happen to any type of business, such as bodily injury or property damage on the business premises or due to the business operations, personal and advertising injury, and medical payments. As with other types of liability insurance, CGL insurance normally imposes on issuing insurers duties both to defend and to indemnify insureds with respect to covered claims. CGL insurance

194-545: A Crown prosecutor . Although Scots law 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 on behalf of the Lord Advocate , and, in theory, they can direct investigations by Police Scotland . In very serious cases, a Procurator Fiscal, Advocate Depute, or even the Lord Advocate may take charge of

291-454: 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 law . 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

388-445: 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

485-471: A CGL policy. A CGL insurance includes both public liability and product liability insurance. Whether or not general liability insurance covers construction defects or "faulty workmanship" is a matter of some debate, as some insurers have viewed poor workmanship as a risk that is covered by a surety bond rather than an insurance policy given that a construction professional may have some influence (through attention to detail, skill, and effort) over whether such

582-537: A brief period between 2010 and 2016, the position of Public Prosecutor General has been held concurrently by the Minister of Justice. 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,

679-422: A claims-made and reported basis, meaning that the policy covers only those claims made and reported to their carrier during the policy period. More specifically a typical policy will provide indemnity to the insured against loss arising from any claim or claims made during the policy period by reason of any covered error, omission or negligent act committed in the conduct of the insured's professional business during

776-902: A criminal investigation but cannot prevent one ( droit d'injonction positive / positief injunctierecht ). In Brazil, 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

873-468: 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

970-487: 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

1067-586: A defect occurs. Though in certain jurisdictions manufacturers of component parts continue to have coverage under a Commercial General Liability policy if their component part harms a finished product, in this case homeowners pursuing damages to a home caused by defective windows. This insurance -related article is a stub . You can help Misplaced Pages by expanding it . Professional liability insurance Professional liability insurance ( PLI ), also called professional indemnity insurance ( PII ) but more commonly known as errors & omissions ( E&O ) in

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1164-477: A few distinct species. Prosecutors of minor criminal cases in lower courts are police sergeants with a traineeship in prosecution and advocacy lasting approximately one 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

1261-464: A gap in coverage is or its harsh consequences. Several professionals incorrectly believed they did not need continuous coverage if they were not writing business during specific months. A gap in coverage should not be confused with terminating or not renewing a policy due to retirement or death. In these cases, an extended reporting policy (ERP), may be purchased. "Tail" or "extended reporting" endorsements, known as run-off insurance or run-off cover in

1358-431: 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

1455-443: A lot of bad publicity that can significantly harm a law firm's reputation. Nearly all LPL policies are claims made. Most policies will require the attorney or Insured to report any claim, alleged error, or facts that could give rise to a malpractice complaint as soon as they learn of the mistake. An Insured's coverage only goes back as far as the prior acts retroactive date. If the attorney has had constant LPL coverage from day one, it

1552-470: A number of policy wordings are designed to satisfy a stated minimum approved wording, which makes them easier to compare, others differ dramatically in the coverage they provide. For example, a breach of duty may be included if the incident occurred and was reported by the policyholder to the insurer during the policy period. Wordings with major legal differences can be confusingly similar to non-lawyers. Coverage for "negligent act, error or omission" indemnifies

1649-553: 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 or summary procedure . Other remedies are open to a prosecutor in Scotland, including fiscal fines and non-court based interventions, such as rehabilitation and social work . All prosecutions are handled within

1746-460: A policy for work one has already done or services one has already provided. Coverage does not include criminal prosecution , nor all forms of legal liability under civil law , only those specifically enumerated in the policy. Unlike general liability coverage, professional liability coverage extends coverage for acts that are intentional, so long as the damages caused were not intentional. Some policies are more tightly worded than others. While

1843-548: A prosecutor from the independent 'Wooler' review; the Environmental, Food and Rural Affairs Committee and the 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

1940-405: A wide range of options. In the recent past countries like Italy adopted a number of dispositions that introduced an obligation for every category of self employed professionals to acquire this form of insurance; such obligation has become effective only with the definition of all the parameters. Finaccord, one of the leading international market research and consulting companies, has estimated that in

2037-484: 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 , if they determine that there is no reasonable likelihood of conviction. Prosecutors may dismiss charges in this situation by seeking a voluntary dismissal or nolle prosequi . In Kentucky, Massachusetts, Pennsylvania, and Virginia, criminal prosecutions are brought in

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2134-409: Is adopted in common law , or inquisitorial system , which is adopted in civil law . The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant , an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutors are typically lawyers who possess

2231-413: Is based on the prosecutor's objective assessment of the evidence, including the impact of any defence and any other information that the suspect has put forward or on which they might rely. It means that an objective, impartial, and reasonable jury or bench of magistrates or judge hearing a case alone, properly directed and acting in accordance with the law, is more likely than not to convict the defendant of

2328-405: Is called a "gap in coverage", which is the loss of all prior acts. The negligent act is called medical malpractice and the insuring contract is called malpractice insurance. The negligent act is called legal malpractice and the insuring contract is called lawyers professional liability insurance. or LPL Malpractice coverage is very important to attorneys because a bad case can produce

2425-621: Is considered "Full Prior Acts". LPL are most often written in one year "policy period". Each policy period is its own contract so the coverages may change slightly from year to year. If an insurance company makes any significant changes, they're typically required to send a "fire watch" letter to their policyholders to explain the change. Insurance companies are either admitted or non-admitted to each state. There are five important factors to consider when purchasing LPL coverage: 1) Premium, 2) Policy Limits and Deductible, 3) Coverages and Exclusions, 4) Defense Expenses, and 5) Company Organization. While

2522-473: Is for "Professional Services" "On behalf of Another". Professional Services means the work done as an attorney, which means that driving accidents on the way to a deposition or broken desk lamps are not covered. On behalf of another means the professional service is benefiting an outside party, which means that internal law firm employment issues or defending one's own DUI are not covered. Nearly all LPL policies exclude coverage for return of professional fees, which

2619-534: Is generally categorized as an "all-risks" type of insurance, under which it provides coverage for risks unless specifically excluded. Specific risks that are normally excluded from CGL coverage include professional services , pollution , liquor , automobile liability , and directors and officers liability , with separate insurance policies being available to cover these situations. A wide variety of other coverage exclusions, extensions, limitations, and other policy terms and conditions may be included by endorsements to

2716-481: Is in fact pretty common all over the world, being considered the main risk management instrument both for individuals and companies. The regulation in force, though, may vary and there can be significant differences between a country and another; in the European Union, despite the efforts at harmonizing the rules involved in this segment of the market, every country has its own framework legislation, resulting in

2813-466: 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

2910-622: Is that a typical general liability insurance policy will respond only to a bodily injury, property damage, personal injury or advertising injury claim. Other forms of insurance cover employers , public and product liability . However, various professional services and products can give rise to legal claims without causing any of the specific types of harm covered by such policies. Common claims that professional liability insurance covers are negligence , misrepresentation , violation of good faith , and inaccurate advice. Examples: Professional liability insurance policies are generally set up based on

3007-433: Is under an obligation to investigate and present information that may incriminate or exonerate 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 . Otherwise, appeals are initiated by defense counsel, the plaintiff, their representatives, and other parties to

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3104-453: Is usually continued for as long as the policyholder provides covered services or products, plus the span of any applicable statute of limitations . Canceling the policy before this time would in effect make it as if the insured never had coverage for any incidents since any client could bring any case with regard to any such services or products that occurred before the statute of limitations cut-off point. A break in coverage could result in what

3201-615: 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. The DPP has authority to take over any prosecution instituted by another person or organisation, and to discontinue

3298-459: Is when the client is asking for some or all of their money back. Meritless claims still need to be reported for coverage. Many attorneys believe that vexatious litigants will go away on their own but those claims can stretch out for years. First Dollar Defense and Defense Outside the Limits are two primary features of an LPL policy that should be looked at carefully. First Dollar Defense means that

3395-404: Is wide, a list of the offences can be found at Annex 1 of Consents to Prosecute . In England and Wales, there is a statutorily protected common law right for any person to institute a private prosecution. This right is retained by section 6(1) Prosecution of Offenders Act 1985 . Some organisations regularly use private prosecutions on a large scale to achieve an institutional goal, for example

3492-474: The Court of Cassation ) 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 ) 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

3589-470: The Crown Office and Procurator Fiscal Service . Procurators fiscal will usually refer cases involving minors to Children's Hearings , which are not courts of law, but a panel of lay members empowered to act in the interests of the child. The United States 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

3686-936: The Ministry of Justice are largely prosecutors. The highest-ranking prosecutor office of the Prokuratura in Poland is the Prokurator Generalny ( General Prosecutor ), who is the chief of the Prokuratura Krajowa (National Public Prosecutor's Office). The GP has 5 deputies. The structure of Public Prosecution in Poland is four-level: Prokuratura Krajowa — National Public Prosecutor's Office; prokuratury regionalne — provincial public prosecutor's offices (11); prokuratury okręgowe — regional public prosecutor's offices (45); and prokuratury rejonowe — district public prosecutor's offices (358). Apart from

3783-486: The Serious Fraud Office (SFO), Service Prosecuting Authority (SPA), 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 . Finally, when cases are brought to trial, a barrister or solicitor with higher rights of audience may present

3880-664: The Attorney General is not a prosecutor in England and Wales. Instead, the role is a political office of the chief legal advisor to the executive . 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, including

3977-512: 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. In France, the Office of the Prosecutor includes a Chief Prosecutor ( Procureur de la République in trial courts and procureur général in appellate courts or

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4074-614: 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 confusion as to which agency is responsible for having brought a prosecution. Which agency is prosecuting may affect 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

4171-1064: The Chief General Prosecutor before the Corte di Cassazione , the Supreme Court of Italy. Prosecutors are allowed during their career to act in the other's stead, although a ruling by the Constitutional Court of Italy 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. In Japan, Public Prosecutors ( 検察官 , kensatsu-kan ) are professional officials who have considerable powers of investigation, prosecution, superintendence of criminal execution and so on. 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

4268-539: 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 His Majesty's Attorney General for England and Wales , and the Attorney General also has 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 and other jurisdictions,

4365-483: The Director's Guidance on Charging. The first stage in prosecuting a case is deciding to charge the suspect, and it is this process which begins the prosecution. The CPS has the authority to decide whether a person is charged in all offences. However, the police may charge all summary offences , and either-way offences when there is an anticipated guilty plea . The nature of the offence is suitable for sentence in

4462-567: The E&;O coverage the same day it expires. Several carriers who underwrite policies will not allow professionals to backdate their coverage to their expiration date without a valid explanation (such as, but not limited to: natural disaster or personal medical issue that prevented one from renewing on time) and a signed warranty letter informing the carrier the specific professional is not aware of any pending claims. For example, with an effective date of 06/01/2010 and coverage expiring on 06/01/2011 and

4559-418: 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

4656-570: The Republic ( Procurador Geral da República ) heads the federal body, and tries cases before the Brazilian Supreme Court . 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

4753-506: 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

4850-628: The UK, cover events that occur while the policy is in force but are reported to the carrier after the policy terminates. The availability of extended reporting policies depends on the carrier, the specific policy, and the reason for terminating business. Certain provisions will limit the professional from writing new business during the ERP, since only past policies are generally covered in an ERP or run-off policy, nothing current or new. Many claims-made policies contain provisions to offer an extended reporting period if

4947-454: The US, is a form of liability insurance which helps protect professional advising, consulting, and service-providing individuals and companies from bearing the full cost of defending against a negligence claim made by a client in a civil lawsuit . The coverage focuses on alleged failure to perform on the part of, financial loss caused by, and error or omission in the service or product sold by

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5044-667: The United States, Rule 3.8 of the ABA Model Rules of Professional Conduct 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). In most Commonwealth Nations ,

5141-479: 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 solely to undertake prosecution advocacy. Crown Prosecutors are bound by a strict code of conduct, known as the 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

5238-542: The actual work of the office. United States Attorneys are appointed by the President and confirmed by the United States Senate . They represent the federal government 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,

5335-506: The authority to appoint non-lawyers to prosecute on their behalf, such as the RSPCA Inspectors. In Canada, public prosecutors in most provinces are called Crown Attorney or Crown Counsel . They are generally appointed by the provincial Attorney-General. The prosecution landscape in England and Wales is highly varied, meaning that a prosecutor can refer to a number of different individuals and roles. The primary prosecutor in

5432-424: The case before a magistrate or a judge (with or without a jury ). 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 , and barristers may work in teams with a leader directing juniors. Unlike in

5529-489: The case of very serious matters, the DPP will be asked by the police, during the investigation, to advise them on the 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 , guarantee the independence and impartiality of the DPP. Prosecutors in Australia come in

5626-467: 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. In New Zealand, most crimes are prosecuted by a Police Prosecutor, an employee of the New Zealand Police . The most serious crimes, which are about 5% of all crimes, is outsourced to a lawyer working at private law firm known as

5723-481: The charge alleged. This is a different test from the one that the criminal courts themselves must apply. A court may only convict if it is sure that the defendant is guilty. It has never been the rule that a prosecution will automatically take place once the evidential stage is met. A prosecution will usually take place unless the prosecutor is satisfied that there are public interest factors tending against prosecution which outweigh those tending in favour. In some cases

5820-416: The cost of the policy is obviously the primary factor for many law firms, careful examination is necessary to ensure that a lower premium does not correlate to less coverage. Insurance companies hire underwriters to evaluate each firm's risk based on the number of attorneys, number of staff, areas of practice, geographic regions, gross billed work, claim history, and other factors. Premiums may vary depending on

5917-497: 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. In Germany, the Staatsanwalt ("state attorney") is a life-tenured public official in the senior judicial service belonging to

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6014-819: 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 if the prosecutor has sufficient evidence to convict. In Italy, 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 , being responsible to ensure that justice

6111-444: The defense costs, including when legal action turns out to be groundless. Coverage does not include criminal prosecution , nor a wide range of potential liabilities under civil law that are not enumerated in the policy, but which may be subject to other forms of insurance. Professional liability insurance is required by law in some areas for certain kinds of professional practice. The primary reason for professional liability coverage

6208-457: 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

6305-424: 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

6402-1243: The first 10 countries (Austria, Belgium, France, Germany, Italy, the Netherlands, Poland, Spain, Switzerland and the United Kingdom) the total value of this branch will rise from 6.15 billion US dollars in 2009 to 7.5 billion dollars by the end of 2017. Errors and omissions (E&O) insurance, which may exclude negligent acts other than errors and omissions ("mistakes"), is most often used by consultants and brokers and agents of various sorts, including notaries public , real estate brokers , insurance agents themselves, appraisers , management consultants and information technology service providers (there are specific E&O policies for software developers , home inspectors, website developers , etc.), architects , landscape architects , engineers , land surveyors , attorneys , third-party business administrators , quality control specialists, nondestructive testing analysts, and many others. A mistake which causes financial harm to another can occur in almost any transaction in many professions. A gap in coverage, or lapse in coverage could result from not renewing

6499-444: 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 , although

6596-464: 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 the power of the state backs prosecutors, they are subject to special professional responsibility rules in addition to those binding all lawyers. For example, in

6693-516: The head of the prosecuting authority is known as the director of public prosecutions (DPP) and is appointed, not elected. A DPP may be subject to varying degrees of control by the attorney general , a formal written directive which must be published. In Australia, the Offices of the Director of Public Prosecutions institute prosecutions for indictable offences on behalf of the Crown . At least in

6790-495: 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

6887-524: The insurance company will not apply the deductible to the defense costs. This allows the company to promptly investigate and address solvable issues. The Defense Outside the Limits refers to whether the defense costs come out of the limits or not. Most of the large insurance companies have an LPL policy but there are also several mutual companies. A mutual insurance company is owned by its policyholders. The company will take in premiums, pay settlements and verdicts, pay their operating costs, and then return

6984-473: The insured does not renew the coverage on or before 06/01/2011 then the insured may have to enroll with a gap in coverage, resulting in a loss of prior acts coverage such that there is no coverage for any business placed prior to their new effective date. Although some carriers may allow a 30- to 45-day grace period, it is common for them to disallow this. Gaps in coverage are common in E&O coverage. A modest survey suggested most professionals are unaware what

7081-476: 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 another prosecuting authority should probably conduct a case if any of the following factors apply: 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

7178-539: 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

7275-581: The judge and law enforcement forces. Like defense counsel, the chief prosecutor may petition or move for further investigation. During criminal proceedings , prosecutors are responsible for presenting the case at trial to either the bench or the jury . 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

7372-655: 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 and also takes forward prosecutions originating from police investigations. While the DPP must be a suitably qualified lawyer under section 71 of the 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

7469-421: The jurisdiction, most commonly district attorney . 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

7566-533: The last carrier. Nose coverage is usually less expensive than purchasing tail coverage from the old carrier. Tail coverage costs 2–3 times the expiring premium. Some policies go further than the standard coverage. Professional liability insurance coverage usually does not include defamation ( libel and slander ), breach of contract , breach of warranty , intellectual property , personal injury , security, and cost of contract . Coverage can often be added to provide indemnity "for any civil liability". Because

7663-496: The magistrates' court. 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; however, 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 finding that there is a realistic prospect of conviction

7760-604: The material to be relied on at this stage is capable of being: The Threshold Test must be kept under proactive and continuous review, and should only be used in rare and urgent circumstances. State investigative agencies such as the Serious Fraud Office (SFO) and the Financial Conduct Authority (FCA), alongside independent prosecutors like the Service Prosecuting Authority , may all bring prosecutions themselves without using

7857-641: The name of the Commonwealth . In California, Colorado , Illinois , Michigan, and New York, criminal prosecutions are brought in the name of the People. In the remaining states, criminal prosecutions are brought in the name of the State. 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 are classed as judges. In Belgium,

7954-1871: 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 New York , California , Texas , Pennsylvania , Delaware , Massachusetts , North Carolina , Georgia , Nevada , Wisconsin , Oregon , and Oklahoma ; City Attorney in California cities (typically prosecute only minor and misdemeanor offenses) Commonwealth's Attorney in Kentucky and Virginia ; County Attorney in Nebraska , Minnesota , and Arizona ; County Prosecutor in New Jersey , Ohio , and Indiana ; District Attorney General in Tennessee; Prosecuting Attorney in Arkansas , Hawaii , Idaho , Michigan , Washington , and West Virginia , as well as in Missouri where cities additionally use City Attorneys to prosecute on their behalf; State's Attorney 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

8051-409: The operative clause of a civil liability policy is so wide, there is normally a long list of exclusions so that liabilities, like employers liability and public liability , that are the subject of other forms of insurance are not covered by the policy. Criminal prosecution A prosecutor is a legal representative of the prosecution in states with either the adversarial system , which

8148-536: 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

8245-400: The policy is non-renewed. The typical tail extends the reporting period only for claims up to six months or one year after the policy expiration date. An additional premium is charged when the extended reporting option is exercised. "Prior acts" (or "nose") coverage transfers the retro-active date for an old policy to a new insurance carrier—eliminating the need to purchase tail coverage from

8342-450: The policy period. Claims which may relate to incidents occurring before the coverage was active may not be covered, although some policies may have a retroactive date, such that claims made during the policy period but which relate to an incident after the retroactive date (where the retroactive date is earlier than the inception date of the policy) are covered. Retroactive cover is usually offered as an additional option to include cover within

8439-442: The policyholder against loss/circumstances incurred only as a result of any professional error or omission, or negligent act (i.e., the modifier "negligent" does not apply to all three categories, though any non-legal reader might assume that it did). A "negligent act, negligent error or negligent omission" clause is a much more restrictive policy and would deny coverage in a lawsuit alleging a non-negligent error or omission. Coverage

8536-447: The policyholder. These are causes for legal action that would not be covered by a more general liability insurance policy which addresses more direct forms of harm. Professional liability insurance may take on different forms and names depending on the profession, especially medical and legal, and is sometimes required under contract by other businesses that are the beneficiaries of the advice or service. Coverage almost always provides for

8633-411: 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 final consideration is designed to cover the situation where, for whatever reason, the investigative authorities with which the CPS usually deals have not brought

8730-431: The prosecutor may be satisfied that the public interest can be properly served by offering the offender the opportunity to have the matter dealt with by an out-of-court disposal rather than bringing a prosecution. In determining whether there are reasonable grounds to suspect, prosecutors must consider all of the material or information available, whether in evidential format or otherwise. Prosecutors must be satisfied that

8827-462: 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 acts as the prosecuting attorney. In court, the prosecutor is not necessarily in an adversarial relationship to the defendant, but

8924-577: The remainder in the form of a dividend. Many state bar associations have formed their own LPL Mutual insurance company. use the term errors and omissions (E&O) insurance Other professions that commonly purchase professional liability insurance include accounting , engineering , land surveying and financial services , construction and maintenance ( general contractors , plumbers , etc., many of whom are also surety bonded ), and transport . Some charities and other nonprofits / NGOs are also professional-liability insured. This type of insurance

9021-663: 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". In Sweden, public prosecutors are lawyers who work out of the Swedish Prosecution Authority ( Swedish : Åklagarmyndigheten ) and direct police investigations of serious crimes. For all criminal cases, public prosecutors decide arrests and charges on behalf of

9118-404: The same corps as judges . 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

9215-473: The underwriter's risk appetite . The policy limit is how much the insurance company will spend to defend covered claims. Limits are written with the per occurrence limit first and then the aggregate limit per policy period. The per policy limit is how much the company will spend on each claim and the aggregate is the limit of how much will be spent per policy period across several claims. The limits are set and do not renew every policy period. A typical coverage

9312-669: 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 also undertook 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

9409-411: 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

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