Organisation of prosecutors in Inida, UK, China, France. Comparative Criminal Procedure Code

1. ORGANISATION OF PROSECUTORS
CHAITANYA LIMBACHIYA
ROLL NO. 4
(LLM - I Criminal Group 2016-17)

2. The prosecutor is the chief legal
representative of the prosecution in countries
with either the common law adversarial
system, or the civil law inquisitorial system.
The prosecution is the legal party responsible
for presenting the case in
a criminal trial against an individual accused
of breaking the law.

3. Prosecutors are typically lawyers who possess a law degree, and are
recognized as legal professionals by the court in which they intend
to represent society (that is, they have been admitted to the bar).

4.  Investigating criminal offences
 Deciding to prosecute or not to prosecute
 Out of court settlements: transaction, community service,
imposing fines/ withdrawal of driving licence,
 Prosecuting offenders
 Supervising enforcement of sentences.

5. REPRESSION
PREVENTION
Fight the Criminality

6. cdddcdIndia
cdccccSpain
cddcccChina
cdddcdFrance
cdddcdUK
Judiciary
Prosec.
Office
Intellig.
Police

7. PUBLIC PROSECUTORS
Lawyers with a minimum of 7 years of experience may be appointed as public
prosecutors by the state government.
THE ASSISTANT PUBLIC PROSECUTORS,GRADE-I & GRADE-II
Appointed by a state government on the basis of a competitive examination conducted
by the State Public Service Commission. They are law graduates falling within a
specified age group.

8. CHIEF PROSECUTOR or Procureur de la République
(or procureur général in an appellate court or in the Supreme Court)
generally initiates preliminary investigations and, if necessary, asks an examining
judge, or juge d'instruction, be assigned to lead a formal judicial investigation.
DEPUTY PROSECUTORS (avocats généraux)
defining the scope of the crimes being examined by the judge and law enforcement
forces.
ASSISTANT PROSECUTORS (substituts).

9. CROWN PROSECUTORS
(also known as reviewing lawyers) provide advice to investigators and take charging
decisions
CROWN ADVOCATES
present prosecution cases in court
ASSOCIATE PROSECUTORS
represent the CPS in cases with guilty pleas in the magistrates’ courts; and
paralegals/casework assistants provide clerical support and help with progressing cases.
SELF-EMPLOYED BARRISTERS
are also paid to represent the prosecution in court in more complicated cases (primarily in the
Crown Court and appeal courts) and to provide expert advice when required.

10. Prosecutor General
will be nominated by the President and appointed upon approval of
the LegislativeYuan, and will hold the office for four years and is not
re-electable.
One Secretary General & a specified number of LawClerks are placed
under the Supreme Prosecutors Office.
The Law Clerks
are in charge of records, research and valuation, data, documentation,
and general affairs

11. They usually only become involved in a criminal
case once a suspect has been identified
and charges need to be filed. They are typically
employed by an office of the government, with
safeguards in place to ensure such an office can
successfully pursue the prosecution of
government officials. Often, multiple offices
exist in a single country, especially those
countries with federal governments where
sovereignty has been bifurcated or devolved in
some way.

12. 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 belong to the
same corps of civil servants as the judges.

13. A Public Procurator is an office used in Socialist
judicial systems which, in some ways,
corresponds to that of a public prosecutor in
other legal systems, but with more far-reaching
responsibilities, such as handling investigations
otherwise performed by branches of the police.
Conversely, the policing systems in socialist
countries, such as the Militsiya of the Soviet
Union, were not aimed at fulfilling the same
roles as police forces inWestern democracies.

14. Questions?

15. Thank You