The distinction between an investigator and prosecutor (the prosecutor) and another decision-making officer (judge) forms the basis of most criminal justice systems and helps to strengthen the independence and impartiality of the judge. Since judges are not directly involved in investigations and prosecutions, they are better able to maintain their neutral and distant position in judicial proceedings. Copyright by the American Bar Association. This work (Criminal Justice Standards) may be used for non-profit educational and training purposes and legal reforms (legislative, judicial and executive) without written permission, but provided the source is acknowledged. Some specific standards can be purchased in book form. (b) For the sake of continuity and clarity, the policies and procedures of the Public Prosecutor`s Office should be stored and accessible to relevant personnel. The Office`s policies and procedures should be regularly reviewed and revised. The Office`s policies and procedures should be complemented by instruction and training and do not replace regular training programs. Prosecutors whose professional commitments are full-time and dedicated exclusively to law enforcement are preferable to part-time prosecutors who have other potentially conflicting professional responsibilities. The characteristics of the role of prosecutors differ from those of the judicial role, as the first theme shows.
While the judge is vested with decision-making powers and cannot initiate legal proceedings, the main task of the prosecutor is to initiate and carry out criminal proceedings, to act as a party to the judicial proceedings and to supervise and direct the police during the investigation phase in many countries. In some criminal justice systems, prosecutors also ensure that victims receive effective assistance; decide on alternatives to prosecution; provide assistance to the court in deciding on the appropriate sentence; Control of the execution of court decisions. (e) An attorney must respond in a timely manner to legally appropriate requests for disclosure and make diligent efforts to comply with legal disclosure requirements, unless otherwise authorized by a court. If the defense requests specific information, the prosecutor must give specific answers and not just a general recognition of investigative duties. Requests and responses must be case-specific, and “standard” requests and responses must be refused. (iv) the impact of the application of the law or the absence of prosecution on the public interest; (g) A prosecutor should not avoid prosecuting information or evidence because he or she believes that doing so would prejudice the case of the prosecution or assist the accused. (c) Where a particular matter requires the appointment of a special prosecutor from outside the Office, adequate resources should be allocated for this purpose. These special prosecutors should be aware of and subject to conflict of interest standards for prosecutors. A private lawyer who is paid by a lawyer and a client or who has a relationship between a lawyer and a client by a natural or legal person who is a victim of the alleged offence, or who has a personal or financial interest in pursuing certain charges or who has shown inappropriate bias in relation to the matter in question; should not be allowed to act as a prosecutor in this case. In the legal sufficiency model, the presence of the minimum legal elements of a criminal offence triggers the prosecution of a case. Under this model, a prosecutor accepts many cases for prosecution, but settles most cases through oral arguments. The 15th and 16th.
In November 2018, the ICJ, in collaboration with the Council of Europe (Council of Europe) and the Azerbaijan Bar Association (ABA), held its annual international conference on “The Role and Independence of Lawyers: Comparative Perspectives” in Baku. The conference, which is the first event of its kind on the role and independence of the legal profession organised in the country, aimed to bring together views on governance and the role of the legal profession from international experts and representatives from a wide range of countries, including Council of Europe countries, from Central Asia, as well as representatives of international organizations. (a) The prosecutorial function should be carried out by a lawyer empowered to investigate and prosecute all offences described in the revised Penal Code, investigate administrative proceedings against his own officials, prepare legal opinions or investigations into violations of the PRC and other laws, and to consider appeals against prosecutors` decisions. In short, effective law enforcement agencies with well-trained, properly empowered and equipped prosecutors committed to the values of the rule of law help to combat impunity, protect citizens` rights, and ensure the legality of state action (Dandurand, 2007). The United Nations Guidelines on the Role of Prosecutors state that “prosecutors shall, in accordance with the law, perform their duties fairly, consistently and expeditiously, respect and protect human dignity and respect human rights, thereby contributing to due process and the proper functioning of the criminal justice system” (1990, p. 12). (c) A national association of prosecutors should be established, regardless of the national structure of prosecutors` offices. If issues or problems arise that could set important precedents at the national level, local prosecutors should advise and consult with the Attorney General, the national association, and prosecutors from other local prosecutors` offices.
(a) The prosecutor should respectfully accept acquittals. With respect to other adverse decisions (including the rare acquittals by a judge that may be appealed), while the prosecutor may publicly express respectful disagreements and an intention to pursue legitimate options for review, the prosecutor should refrain from publicly criticizing a participant. Public comments after a judgment or judgment must respect the legal system and process. (d) The Prosecutor shall not draw the attention of the Prosecutor to facts that he or she knows to be inadmissible, whether by presenting or presenting inadmissible evidence, by asking legally objectionable questions or by making inadmissible comments or arguments. If the prosecutor is unsure of the admissibility of the evidence, the prosecutor should, if possible and appropriate, seek and obtain a court decision before the evidence is presented to a jury. (a) The prosecution should be aware of the legal standards applicable to jury selection and train prosecutors to comply with them. The prosecutor should prepare himself to effectively exercise the prosecutorial function in jury selection, including the exercise of just cause and compelling challenge. The prosecution should also be informed of the selection and convening procedure for the jury panel and alert the court to legal loopholes.