The Procurator ( Russian : прокурор , prokuror ) was an office initially established in 1722 by Peter the Great , the first Emperor of the Russian Empire , as part of the ecclesiastical reforms to bring the Russian Orthodox Church more directly under his control .
116-665: The Russian word also has the meaning of prosecutor . The Chief Procurator (also Over-Procurator ; обер-прокурор, ober-prokuror ) was the official title of the Crown official who oversaw the validity of the acts of the Most Holy Synod (he wasn't a member of the Most Holy Synod but effectively he was the most important lay in the administration of the Russian Orthodox Church, not to be confused with
232-545: 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
348-454: 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
464-583: A referendum . Formal negotiations began in December 1991 at the Convention for a Democratic South Africa (CODESA). The parties agreed on a process whereby a negotiated transitional constitution would provide for an elected constitutional assembly to draw up a permanent constitution. The CODESA negotiations broke down, however, after the second plenary session in May 1992. One of the major points of dispute
580-445: 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
696-434: A Parliament made up of two houses: a 400-member National Assembly , directly elected by party-list proportional representation , and a ninety-member Senate , in which each of the nine provinces was represented by ten Senators, elected by the provincial legislature . The Constitutional Assembly consisted of both houses sitting together, and was responsible for drawing up a final constitution within two years. The adoption of
812-537: 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,
928-902: 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
1044-468: 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
1160-487: 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
1276-477: 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
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#17327726032731392-431: 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
1508-631: A limited extent by adopting its own provincial constitution. (The only province so far to have done this is the Western Cape .) The chapter provides for a unicameral legislature , a Premier elected by the legislature as head of the provincial executive, and an Executive Council appointed by the Premier as a provincial cabinet. The provincial government is given exclusive powers over certain matters, listed in Schedule 5, and powers concurrent with
1624-554: A new constitutional text required a two-thirds supermajority in the Constitutional Assembly, as well as the support of two-thirds of senators on matters relating to provincial government. If a two-thirds majority could not be obtained, a constitutional text could be adopted by a simple majority and then put to a national referendum in which sixty per cent support would be required for it to pass. The Interim Constitution contained 34 constitutional principles with which
1740-886: A number of other commissions and offices to protect and support democracy and human rights. These are the Public Protector (an ombudsman ), the South African Human Rights Commission , the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities , the Commission for Gender Equality , the Auditor-General , the Independent Electoral Commission and
1856-553: 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
1972-548: 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
2088-507: A single "Category A" municipal authority and others are governed by a two-level system with a larger "Category C" municipality containing multiple "Category B" municipalities. The municipalities are granted the power to administer certain matters listed in Schedules 4 and 5, and the executive and legislative authority is vested in the municipal council. The chapter requires municipal elections to be held every five years. Chapter 8 establishes
2204-518: A whites-only referendum, created the Tricameral Parliament , with separate houses representing Whites , Coloureds and Indians but without representation for Blacks . The figurehead State President and executive Prime Minister were merged into an executive State President, chosen by parliament. This contradiction remains to date and is nearly unique to South Africa (one exception being neighbouring Botswana ). The Constitution of
2320-484: 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
2436-413: 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
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#17327726032732552-466: 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
2668-463: Is placed under the control of the national government but gives provincial governments some power to administer and oversee policing. Chapter 12 recognizes the status and authority of traditional leaders and customary law , subject to the Constitution. It allows for the creation of provincial houses of traditional leaders and a national council of traditional leaders. The Traditional leaders must have responsibilities in affairs and decision making of
2784-433: 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
2900-615: 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
3016-404: 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
3132-654: The Primus or "Prime member" , the legal chairman of the Most Holy Synod, always a Metropolitan or an Archbishop), and a member of the Tsar's cabinet. Konstantin Pobedonostsev , a former tutor both of Alexander III and of Nicholas II , was one of the most powerful men to hold the post, from 1880 to 1905. The General Procurator ( Procurator General ) and the Chief Procurator were major supervisory positions in
3248-474: 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
3364-470: 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
3480-596: The Financial and Fiscal Commission , to advise government on financial matters, and the Reserve Bank , to oversee the currency . Economist Jacques Jonker has criticised the provisions of Chapter 13 as being insufficient to guard against fiscal imprudence, and has suggested that it be amended in line with other constitutions such as that of Spain in order to enforce fiscal discipline. The final chapter deals with transitional and incidental provisions. In particular,
3596-936: The Independent Communications Authority . Chapter 10 lists values and principles for the administration of the civil service and establishes the Public Service Commission to oversee it. Chapter 11 establishes structures for civilian control of the Defence Force , the Police Service and the intelligence services . It makes the President the Commander-in-Chief of the defence force but places conditions on when and how it may be employed and requires regular reports to Parliament. The police service
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3712-617: The Judicial Service Commission . These responsibilities were merged into a single post, reflecting the pre-eminence of the Constitutional Court at the apex of the court system. Other provisions of the amendment: The Constitution Seventh Amendment Act (formerly the Constitution of the Republic of South Africa Second Amendment Act, 2001) came into force on 26 April 2002, except for provisions affecting
3828-936: 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
3944-486: 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
4060-441: The adversarial system , which 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
4176-693: The republic , it sets out the rights and duties of its citizens, and defines the structure of the Government . The current constitution , the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994 . It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution
4292-460: The separation of powers with an impartial judiciary , provincial and local levels of government with democratic representation, and protection of the diversity of languages and cultures . The Bill of Rights, now in Chapter Two of the Constitution of South Africa , was largely written by Kader Asmal and Albie Sachs . The new constitutional text was to be tested against these principles by
4408-664: 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
4524-512: 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
4640-614: 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
4756-1064: 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
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4872-611: The Constitution provides that a bill to amend the Constitution can only be passed if at least two-thirds of the members of the National Assembly (that is, at least 267 of the 400 members) vote in favour of it. If the amendment affects provincial powers or boundaries, or if it amends the Bill of Rights, at least six of the nine provinces in the National Council of Provinces must also vote for it. To amend section 1 of
4988-477: The Constitution, which establishes the existence of South Africa as a sovereign, democratic state, and lays out the country's founding values, would require the support of three-quarters of the members of the National Assembly. There have been eighteen amendments since 1996. The Constitution First Amendment Act (formerly the Constitution of the Republic of South Africa Amendment Act, 1997) was signed by
5104-501: The Constitutional Court". The presiding judge of the Supreme Court of Appeal (SCA), who had previously had the title of Chief Justice, became instead "President of the Supreme Court of Appeal". The deputy heads of each court were also renamed similarly. Consequentially many provisions of the Constitution had to be amended where they made reference to the President of the Constitutional Court. These changes were intended to clarify
5220-539: 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,
5336-483: 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
5452-416: The President and Cabinet. Chapter 6 establishes the nine provinces of South Africa and defines the powers and structure of the provincial governments. The boundaries of the provinces are defined by reference to Schedule 1A to the Constitution, which refers in turn to the boundaries of the metropolitan and district municipalities . In some respects, the chapter is a template which a province may modify to
5568-529: The President on 28 August 1997 but had effect retroactively to 4 February 1997 when the constitution came into force. It had three provisions: This last change allowed the TRC to deal with various violent events, particularly the Bophuthatswana coup d'état and its aftermath, that had occurred in the run-up to the 1994 general elections . The Constitution Second Amendment Act (formerly the Constitution of
5684-418: 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
5800-514: 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
5916-470: The Republic of South Africa Amendment Act, 1998) came into force on 7 October 1998. It had five provisions: The Constitution Third Amendment Act (formerly the Constitution of the Republic of South Africa Second Amendment Act, 1998) came into force on 30 October 1998. It allowed for municipalities to be established across provincial boundaries by the agreement of the national and the relevant provincial governments. The changes it made were reversed in 2005 by
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#17327726032736032-468: The Republic of South Africa, 1993 or Interim Constitution was introduced at the end of apartheid to govern the period of transition. It introduced, for the first time, the framework of a liberal democracy, universal adult suffrage and a bill of rights . An integral part of the negotiations to end apartheid in South Africa was the creation of a new constitution. One of the major disputed issues
6148-592: The Russian Governing Senate , which functioned from 1711 to 1917, with their meaning changing over time. Eventually Chief Procurator became the title of the head of a department of the Senate. This article about government in Russia is a stub . You can help Misplaced Pages by expanding it . Prosecutor A prosecutor is a legal representative of the prosecution in states with either
6264-506: 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
6380-542: The Twelfth Amendment. The Constitution Fourth Amendment Act and Constitution Fifth Amendment Act (formerly the Constitution of the Republic of South Africa Amendment Act, 1999 and Constitution of the Republic of South Africa Second Amendment Act, 1999) came into force on 19 March 1999. They were passed as two separate amendments because the Fourth contained provisions affecting provincial government, which required
6496-667: 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 ,
6612-479: 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
6728-485: 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,
6844-522: The approval of the National Council of Provinces , while the Fifth did not. The Fourth Amendment: The Fifth Amendment: The Constitution Sixth Amendment Act (formerly the Constitution of the Republic of South Africa Amendment Act, 2001) came into force on 21 November 2001. Its main effect was to give the title of " Chief Justice of South Africa " to the presiding judge of the Constitutional Court of South Africa , who had previously been titled "President of
6960-506: 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
7076-470: The case ( målsäganden ). When a case has been decided by an appellate court, the right to appeal to the Supreme Court passes from the case's prosecutor to the Prosecutor-General ( Swedish : Riksåklagaren ). Constitution of South Africa The Constitution of South Africa is the supreme law of the Republic of South Africa . It provides the legal foundation for the existence of
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#17327726032737192-424: 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
7308-489: 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
7424-467: 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
7540-536: The chapter contains a miscellaneous collection of provisions, Chapter 14 also repeals the Interim Constitution and refers to Schedule 6 to govern the process of transition to the new Constitution. Finally, it gives the Constitution its formal title, "Constitution of the Republic of South Africa, 1996," and defines the schedule for its commencement, under which the President set the date of commencement for most sections, although certain sections dealing with financial matters commenced only on 1 January 1998. Section 74 of
7656-481: 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
7772-455: The constitution key national principles, defines the country's flag and national anthem , and specifies the official languages and principles of government language policy. It defines South Africa as "one, sovereign, democratic state" based on principles of human rights, constitutional supremacy, the rule of law and universal adult suffrage. The chapter contains a supremacy clause which establishes that all other law and actions are subject to
7888-446: The constitution. Chapter 2 is a bill of rights which enumerates the civil, political , economic, social and cultural human rights of the people of South Africa. Most of these rights apply to anyone in the country, with the exception of the right to vote, the right to work and the right to enter the country, which apply only to citizens. They also apply to juristic persons to the extent that they are applicable, taking into account
8004-428: The courts. Chapter 4 defines the structure of Parliament , the legislative branch of the national government. Parliament consists of two houses, the National Assembly (the lower house ), which is directly elected by the people, and the National Council of Provinces (the upper house ), which is elected by the provincial legislatures . The Chapter defines the principles governing the election and dissolution of
8120-453: The declaration of states of emergency and provides for the rights of people detained as a result. Chapter 3 deals with the relationships between organs of government in the three "spheres" – national, provincial and local . It lays down a set of principles requiring them to co-operate in good faith and to act in the best interests of the people. It also requires them to attempt to settle disputes amicably before resorting to
8236-497: 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
8352-819: 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
8468-457: 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
8584-424: 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
8700-462: The final constitution would have to comply, so that basic freedoms would be ensured and minority rights protected, without overly limiting the role of the elected constitutional assembly. The parties to the MPNP adopted this idea and proceeded to draft the Interim Constitution of 1993 , which was formally enacted by Parliament and came into force on 27 April 1994. The Interim Constitution provided for
8816-543: The first part deals with international law , providing that existing agreements binding South Africa will continue to bind it, and that new agreements (except those of a technical nature) will only be binding once approved by Parliament. It also provides that customary international law applies in South African unless it conflicts with national law, and that the courts must, where possible, interpret national law to be consistent with international law. The remainder of
8932-444: 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
9048-464: 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
9164-464: 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
9280-461: The houses, qualifications for membership of Parliament, quorum requirements, procedures for the election of presiding officers, and the powers and privileges and immunities of Parliament and its members. It lays down the process for enacting bills into law; different procedures are provided for constitutional amendments, ordinary bills not affecting provincial matters, ordinary bills affecting provincial matters, and money bills . Chapter 5 defines
9396-495: 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
9512-476: 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
9628-539: 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
9744-581: 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
9860-655: 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
9976-421: 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
10092-496: 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
10208-604: 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
10324-485: The municipality in order to build proper sustainable development to the people that resides on that municipality. Because we have Traditional leaders that do not have daily duties day in and day out; in short they must be part of mayoral council. Chapter 13 deals with public finance . It establishes a National Revenue Fund , from which money may be appropriated only by an act of Parliament, and Provincial Revenue Funds , from which money may only be appropriated by an act of
10440-641: 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,
10556-470: The national government over other matters, listed in Schedule 4. The chapter regulates the conflict between national and provincial legislation on the same topic, setting out the circumstances under which one or the other will prevail. Chapter 7 sets out a framework for local government . It requires municipalities to be established for the whole territory of South Africa, and provides for three categories of municipalities, whereby some areas are governed by
10672-415: The nature of the right. The rights enumerated are: Section 36 allows the rights listed to be limited only by laws of general application, and only to the extent that the restriction is reasonable and justifiable in "an open and democratic society based on human dignity, equality and freedom." Section 37 allows certain rights to be limited during a state of emergency but places strict procedural limits on
10788-404: The new constitution was required to comply. These included multi-party democracy with regular elections and universal adult suffrage , supremacy of the constitution over all other law, a quasi- federal system in place of centralised government , non- racism and non- sexism , the protection of "all universally accepted fundamental rights, freedoms and civil liberties ," equality before the law,
10904-465: The newly established Constitutional Court . If the text complied with the principles, it would become the new constitution; if it did not, it would be referred back to the Constitutional Assembly. The Constitutional Assembly engaged in a massive public participation programme to solicit views and suggestions from the public. As the deadline for the adoption of a constitutional text approached, however, many issues were hashed out in private meetings between
11020-1871: 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
11136-502: The parties' representatives. On 8 May 1996, a new text was adopted with the support of 86 per cent of the members of the assembly, but in the First Certification judgment, delivered on 6 September 1996, the Constitutional Court refused to certify this text. The Constitutional Court identified a number of provisions that did not comply with the constitutional principles. Areas of non-compliance included failures to protect
11252-643: The passage of the Citation of Constitutional Laws Act , neither it nor the acts amending it are allocated act numbers. The South Africa Act 1909 , an act of the Parliament of the United Kingdom , unified four British colonies – Cape Colony , Transvaal Colony , Orange River Colony and Natal Colony – into the Union of South Africa , a self-governing dominion . The Republic of South Africa Constitution Act, 1961 transformed
11368-536: 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
11484-524: The previous text. Some dealt with the court's reasons for non-certification, while others tightened up the text. The amended text was returned to the Constitutional Court to be certified, which the court duly did in its Second Certification judgment, delivered on 4 December. The Constitution was signed by President Mandela on 10 December and officially published in the Government Gazette on 18 December. It did not come into force immediately; it
11600-411: 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
11716-431: 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
11832-542: The provincial legislature. It provides for an equitable distribution of national revenue to the provinces and municipalities, and grants provincial and local governments the powers to raise certain rates and taxes. It requires effective and transparent budgeting at all levels of government and gives the National Treasury the power to oversee budgetary processes. It places some restrictions on government procurement and government borrowing . The chapter establishes
11948-462: 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
12064-579: The right of employees to engage in collective bargaining; to provide for the constitutional review of ordinary statutes; to entrench fundamental rights, freedoms and civil liberties and to sufficiently safeguard the independence of the Public Protector and Auditor-General as well as other areas of non-compliance in relation to local government responsibilities and powers. The Constitutional Assembly reconvened and, on 11 October, adopted an amended constitutional text containing many changes relative to
12180-663: 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
12296-404: 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
12412-473: The structure of the South African judiciary . Previously, the President of the Constitutional Court was responsible for various constitutional responsibilities, such as calling the first session of Parliament after an election and presiding over the election of the President of the Republic at that session, while the Chief Justice was responsible for judicial administration, including for example chairing
12528-472: The structure of the judicial system . It defines the hierarchy consisting of Magistrates' Courts , the High Court , the Supreme Court of Appeal , and the Constitutional Court . It provides for the appointment of judges by the President on the advice of the Judicial Service Commission and establishes a single National Prosecuting Authority responsible for all criminal prosecutions. Chapter 9 creates
12644-461: The structure of the national executive and the powers of the President . It provides for the election and removal of the President by the National Assembly, and limits a President to two five-year terms. It vests in him or her the powers of the head of state and head of government; it provides for the appointment of a Cabinet by the President; and it provides for the accountability to Parliament of
12760-623: The union into a republic, replacing the Queen with a State President , but otherwise leaving the system of government largely unchanged. In a referendum , the first national election with a solely white electorate, the Act was narrowly approved, with a substantial minority in the Cape province and a strong majority in Natal opposing it. The Republic of South Africa Constitution Act, 1983 , again approved by
12876-669: 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
12992-407: Was brought into operation on 4 February 1997, by a presidential proclamation, except for some financial provisions which were delayed until 1 January 1998. The constitution consists of a preamble, fourteen chapters containing 244 sections, and eight schedules. Each chapter deals with a particular topic; the schedules contain ancillary information referred to in the main text. Chapter 1 enshrines in
13108-528: Was enacted by the South Africa Act 1909 , the longest-lasting to date. Since 1961 , the constitutions have promulgated a republican form of government. Since 1997, the Constitution has been amended by eighteen amendment acts. The Constitution is formally entitled the " Constitution of the Republic of South Africa, 1996 ." It was previously also numbered as if it were an Act of Parliament – Act No. 108 of 1996 – but, since
13224-411: 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
13340-415: Was the process by which such a constitution would be adopted. The African National Congress (ANC) insisted that it should be drawn up by a democratically elected constituent assembly , while the governing National Party (NP) feared that the rights of minorities would not be protected in such a process, and proposed instead that the constitution be negotiated by consensus between the parties and then put to
13456-505: Was the size of the supermajority that would be required for the assembly to adopt the constitution: The NP wanted a 75 per cent requirement, which would effectively have given it a veto. In April 1993, the parties returned to negotiations, in what was known as the Multi-Party Negotiating Process (MPNP). A committee of the MPNP proposed the development of a collection of "constitutional principles" with which
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