scholarly journals Overseeing Criminal Justice: The Supervisory Role of the Public Prosecution Service in China

2017 ◽  
Vol 44 (4) ◽  
pp. 620-645 ◽  
Author(s):  
Yu Mou
Keyword(s):  
Criminal Justice ◽  
Public Prosecution ◽  
The Public ◽  
Public Prosecution Service

scholarly journals THE ROLE OF PROSECUTOR OFFICE IN THE ERADICATION OF CORRUPTION CRIMINAL ACTS IN INDONESIA

2017 ◽  
Vol 4 (2) ◽  
pp. 244
Author(s):  
Sri Endah Wahyuningsih ◽  
Agus Sunaryo
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Attorney General ◽  
Public Prosecutor ◽  
Police Agency ◽  
Public Prosecution ◽  
The Public ◽  
Public Prosecution Service ◽  
The Republic

In fact, there are still many cases of corruption that have not been revealed; this resulted in the public to be pessimistic with the seriousness of the Prosecutor Office in uncovering variouscases of corruption that are happening today. The purpose of this study is to know the role ofthe Prosecutor Office in the eradication of criminal acts, to obtain an overview of the mechanismof corruption handling by prosecutors in Indonesia and to analyze the obstacles and solutionsin eradicating crime in the Attorney General. The research method was sociological juridical,and data collection were gained by using observation and interview. The existence and role ofthe Public Prosecution Service in eradicating corruption crime begins when the case has notbeen transferred to the Court until the execution of the decision of the Court. However, in thecriminal act of corruption the Prosecutor’s Office has the authority as a public prosecutor aswell as an investigator. The authority of the prosecutor as a special criminal investigator shall beregulated by Law Number 16 Year 2004 regarding the Attorney of the Republic of Indonesia inArticle 30 paragraph (1) letter d. In addition, in its role against the eradication of corruption, theProsecutor’s Office has always conducted a coordination relationship with the Police Agency andthe Corruption Eradication Commission. The mechanism for handling corruption in the AttorneyGeneral Office, through several procedures already set out in the law includes Investigation,Investigation and Prosecution.

The Independence of the Public Prosecution Service in the UAE: Issues and Proposals for Reform

2009 ◽  
Vol 23 (3) ◽  
pp. 217-268
Author(s):  
Ghaith Ghanem Al-Suwaidi
Keyword(s):  
Police Officers ◽  
The State ◽  
Public Prosecutor ◽  
Public Prosecution ◽  
Criminal Process ◽  
The Public ◽  
Executive Authority ◽  
Public Prosecution Service ◽  
Investigation Process

AbstractThis article focuses on the role of the public prosecutor in the pre-trial stage in the UAE and on their independence in particular. The Public Prosecution Service in the UAE is a judicial authority, which according to law is independent from the police, courts and executive authority, and has wide powers in respect of the criminal process. It is mainly responsible for the investigation process; it represents the State in the prosecution process, and, last but not least, it is responsible for the enforcement of the sentence. The Public Prosecution Service faces a number of issues and problems, the main ones being lack of independence, lack of impartiality, lack of supervision over judicial police officers, and a lack of judicial supervision over their decisions.

scholarly journals Traditional and new role of defendant in criminal procedure

2020 ◽  
Vol 54 (2) ◽  
pp. 561-572
Author(s):  
Snežana Brkić
Keyword(s):  
Criminal Justice ◽  
Criminal Procedure ◽  
The Other ◽  
Traditional Role ◽  
Public Prosecution ◽  
Trial Procedure ◽  
The Public ◽  
The Third ◽  
New Institutions

The paper highlights some of the deterioration of the defendant, s position in the 2011 Code of criminal procedure of Serbia. On the other hand, it points to some relatively new institutions that go behind the traditional role of the defendant, which is reflected in the opposition to the charges. These are three types of defendant, s agreement with the public prosecution. The first form is a diversionary model, which is applied in the pre-trial procedure. The second is the plea agreement. Both forms were introduced before the confluence to relieve criminal justice, but the defendant himself benefits. The third form is the conclusion of an agreement between the defendant and the sentenced person on testimony in other to successfully detect, prove or prevent the criminal acts referred to in article 162, paragraph 1, item 1 of the Code of criminal procedure.

Cassatieberoepen tegen criminele vonnissen en arresten in het Leiedepartement, 1796-1813

2020 ◽  
Vol 88 (1-2) ◽  
pp. 179-210
Author(s):  
J. Monballyu
Keyword(s):  
Criminal Court ◽  
Criminal Proceedings ◽  
Public Prosecution ◽  
The Public ◽  
Public Prosecution Service

Summary In the department of the Lys, the cassation appeal against criminal judgments was introduced in 1796 and could be made by both the criminal convicts and the Public Prosecution Service. The first cassation appeal was lodged on 5 May 1796 and the last on 18 December 1813. In total, 187 (24%) of the 779 criminal judgments were appealed in cassation, in 172 cases by 319 criminal convicts and in 15 cases by the Public Prosecution Service. Of those 187 cassation appeals, 167 (89.3%) were rejected and 20 (10.7%) were accepted. In the latter cases, this led to the annulment of the contested judgment and, in most cases, the criminal proceedings were (partially) repeated for an equivalent, nearby criminal court.

scholarly journals La Fiscalía española ¿Debe ser una institución independiente?

2018 ◽  
pp. 157
Author(s):  
Juan Luis Gómez Colomer
Keyword(s):  
Criminal Procedure ◽  
Criminal Investigation ◽  
Public Prosecution ◽  
The Public ◽  
Adversarial System ◽  
Public Prosecution Service ◽  
The Government ◽  
Adversarial Model ◽  
Do So

El Ministerio Fiscal español tiene ante todo un problema de identidad orgánica. Se desea que sea independiente del Gobierno, pero las normas confirman una cierta dependencia. El Ministerio Fiscal debe ser dependiente del Gobierno si se consuma la reforma hacia un modelo adversarial de enjuiciamiento criminal, porque ésa es la naturaleza que mejor cuadra con dicho sistema, en donde el acusado sabe que enfrente tiene a la Administración, que, cumpliendo con su deber público, le exige con todo su poder responsabilidad por sus actos. Hasta que se produzca el cambio, es mejor dejar las cosas como están. El Ministerio Fiscal no debe instruir el proceso penal ni dirigir la investigación del crimen mientras no tengamos el antedicho sistema adversarial vigente en España. Sería constitucional si lo hiciera, pero no está probado que esté preparado para hacerlo, y probablemente, a pesar de declaraciones oficiales, no desee asumir ahora esa responsabilidad. Con las normas y la práctica actual, correría el peligro de ser visualizado en los casos más importantes como un órgano no objetivo.The Spanish Public Prosecution Service has, foremost, a problem of organic identity. It is believed that it should be independent from the Government, but the laws confirm some degree of dependence. The Public Prosecution should depend on the Government if the reform toward an adversarial model of criminal procedure is pursued, because that is the nature that best fits a system in which the defendant knows he is facing an Administration that, fulfilling its public duty, is demanding with all its powers that he takes responsibility for his actions. Until the change is produced, it is better to leave things as they are. The Public Prosecution Service should not direct the criminal investigation while the foresaid adversarial system in not in force in Spain. If it did, it would be constitutional, but it has not been demonstrated that it is ready to do so and, probably, in spite of official declarations, the Public Prosecution does not want now to assume that responsibility. With the current laws and practices, the Prosecution Service would be in danger of being taken as a non-objective organ in the most important cases.

The Protection of the Accused from Miscarriage of Justice

1997 ◽  
Vol 31 (1-3) ◽  
pp. 590-611
Author(s):  
A.A.S. Zuckerman
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Small Proportion ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Trial ◽  
Large Measure ◽  
The Public ◽  
Miscarriage Of Justice

The criminal trial system is regarded as standing at the pinnacle of the state's machinery for dealing with crime. But the courts deal with only a small proportion of crimes committed. Their function is more indirect: to express societal disapproval through a public and somewhat theatrical show. This is not to denigrate the role of the courts or dismiss it as futile. The criminal trial does have important functions in the development of norms for criminal responsibility and in fostering respect for the law. But its success in this regard hinges on the extent to which it is perceived as a just and effective method for dealing with those charged with crime. Put crudely, the success of the criminal justice system turns in large measure in the success of the show it puts on. But theatre is good only for as long as it is able to carry the audience with it, which, in the case of the courts, this means as long as the public is prepared to accept their verdicts at face value.

Prosecution in France

2016 ◽  
Author(s):  
Jacqueline Hodgson ◽  
Laurène Soubise
Keyword(s):  
Criminal Justice ◽  
Public Interest ◽  
Criminal Justice Policy ◽  
The Public

This essay examines the increasingly ambivalent role and status of the French prosecutor, the procureur. As a judicial officer (magistrat), she is required to act in and to uphold the public interest, but her hierarchical accountability to the executive and her role in the formation and implementation of local criminal justice policy threaten her independence, notably in the eyes of her fellow magistrats. The dominance of the executive, both politically and through the imposition of managerialist imperatives, is felt in the ever-expanding role of the procureur, especially in the local sphere. While the limited forms of legal and structural accountability in place leave the prosecutor with broad discretion, this is diminished through the drive to standardization resulting from the delegation of work to fulfill the demands of dealing with greater numbers of cases more quickly, with fewer resources.

Medical Examiners, Coroners, and Public Health: A Review and Update

2006 ◽  
Vol 130 (9) ◽  
pp. 1274-1282 ◽  
Author(s):  
Randy Hanzlick
Keyword(s):  
Public Health ◽  
Criminal Justice ◽  
The United States ◽  
Background Information ◽  
Medical Examiner ◽  
Epidemiologic Research ◽  
The Public ◽  
Death Investigation ◽  
Medical Examiners

Abstract Context.—Traditionally, the emphasis of work done by medical examiners, coroners, and the death investigation community has been viewed as serving the criminal justice system. During the last several decades, however, an important role for these 3 groups has emerged within public health. Objective.—To provide important background information on death investigation systems, the evolution and framework of public health entities that rely on information gathered by medical examiners and coroners, and the role of medical examiners and coroners in epidemiologic research, surveillance, and existing public health programs and activities. Data Sources.—Previous articles on epidemiologic aspects of forensic pathology and the role of medical examiners and coroners in epidemiologic research and surveillance; a review of the Web sites of public health and safety agencies, organizations, and programs that rely on medical examiner and coroner data collected during medicolegal investigations; and a review of recent public health reports and other publications of relevance to medical examiner and coroner activities. Conclusions.—The role of medical examiners and coroners has evolved from a criminal justice service focus to a broader involvement that now significantly benefits the public safety, medical, and public health communities. It is foreseeable that the public health role of medical examiners and coroners may continue to grow and that, perhaps in the not-too-distant future, public health impact will surpass criminal justice as the major focus of medicolegal death investigation in the United States.

Public Prosecutors in Criminal Investigations

2021 ◽  
pp. 2-34
Author(s):  
Stefano Ruggeri
Keyword(s):  
Criminal Justice ◽  
Dominant Role ◽  
New Technology ◽  
Fundamental Rights ◽  
Criminal Investigation ◽  
Public Prosecutor ◽  
Judicial Cooperation ◽  
Public Prosecution ◽  
The Public ◽  
European Court

The purpose of this study is to analyze how public prosecutors act in pre-trial inquiries, and, therefore, how criminal investigation leads to the institution and carrying out of public prosecution. In every model of fair criminal justice, the initiation of a criminal trial entails enormous human, organizational and financial costs, which explains the need for pre-trial investigations. The features and dynamics of pre-trial inquiries vary considerably, however. Some jurisdictions grant the public prosecutor the power to direct a criminal investigation. In those criminal justice systems that still rely on an investigative judge or magistrate, the judicial authority holds the dominant role in the pre-trial inquiry. Still others allow law enforcement agents to operate without direct supervision from prosecutors or judicial authorities. Recent years have witnessed the increasing worldwide use of intrusive measures of investigation, unprecedented because of their hidden nature or their reliance on new technology. Legislative regulations of new investigative techniques have strengthened the reach of public prosecutors. All this leads us to view the public prosecutor’s legal action in pre-trial inquiries in terms of public prosecution after investigations interfere with fundamental rights of the individuals charged with suspicion of guilt. The case-law of the European Court of Human Rights contributes to this view of the relationship between criminal investigation and public prosecution.The investigative powers of public prosecutors are further strengthened in the field of transnational criminal justice. Judicial cooperation in the EU area in recent years provides significant examples of this phenomenon, such as a new, wide-ranging instrument of transnational evidence-gathering, known as the European investigation order. This framework contributed to the enhancement of the investigative powers of public prosecutorial services within EU countries, by treating public prosecutors as judicial officers. The new European Public Prosecutor’s Office also increased the powers of prosecutorial services in member nations when they cooperate with the EPPO in transborder cases.

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