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Articles de revues sur le sujet « Public prosecutor »

Auteur : Grafiati

Publié le 4 juin 2021

Mis à jour le 25 juillet 2025

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1

Lapkin, A. "Principle of discretionary public prosecution." National Technical University of Ukraine Journal. Political science. Sociology. Law, no. 3(47) (January 29, 2021): 91–95. http://dx.doi.org/10.20535/2308-5053.2020.3(47).229488.

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The article deals with the principle of discretionary prosecution and its significance for the activities of the prosecutor in criminal proceedings.The purpose of the article is to define discretion as a principle of criminal prosecution and to determine its influence on the activities of the prosecutor in criminal proceedings.It is justified that prosecutorial discretion is based on the internal conviction of the prosecutor, which serves as an impulse for him to carry out indictment or abandon it. Therefore, the prosecutor’s prosecution, including its violations, continuation or termination,

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Buha, Milijana. "Principles of criminal prosecution under the 2021 criminal procedure code of Republika Srpska." Zurnal za bezbjednost i kriminalistiku 3, no. 2 (2021): 29–41. http://dx.doi.org/10.5937/zurbezkrim2101029b.

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The prosecutor, as a state body, performs the basic function of criminal prosecution in criminal proceedings in accordance with the principles of legality and accusatory nature. The principle of legality obligates the prosecutor to prosecute in order to file an indictment if there is evidence of a criminal offense. The accusatorial principle indicates that the initiation of criminal proceedings depends on the prosecutor, because the legislature prescribes that criminal proceedings can be initiated only at the prosecutor's request. Criminal prosecution depends on the prosecutor's decision to pr

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3

Firdaus, Aras. "Implementation of the Prosecution Process in the Criminal Justice System at the Attorney General's Office." Veteran Law Review 5, no. 2 (2022): 162. http://dx.doi.org/10.35586/velrev.v5i2.4349.

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The Prosecutor's Office as one of the law enforcement agencies is required to play a greater role in enforcing the law, protecting the public interest, enforcing human rights, and eradicating corruption, collusion and nepotism. The Prosecutor's Office is the only government agency implementing state power that has duties and authorities in the field of prosecution in law enforcement and justice in the general court environment. This study is to determine the criminal justice system in prosecution in Indonesia, how the criminal justice system in the application of prosecution in Indonesia and H

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Zayceva, Ol'ga Anatol'evna. "Forensic content of participation of the public prosecutor in preliminary hearing and judicial investigation." Юридические исследования, no. 1 (January 2021): 28–37. http://dx.doi.org/10.25136/2409-7136.2021.1.34900.

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The subject of this research is the activity of the public prosecutor in court hearing. Methodological framework for this article is comprised of the dialectical, logical, formal-legal, and hermeneutical methods. The normative base consists of the Constitution of the Russian Federation, criminal procedure legislation, and local normative acts that regulate participation of the prosecutors in the judicial stages of criminal proceedings. Attention is focused on the theoretical and applied questions of participation of the public prosecutor in preliminary hearing and judicial investigation. The a

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5

Kvastek, Aleksandar. "The position of the injured party in a prosecutorial investigation." Glasnik Advokatske komore Vojvodine 93, no. 1 (2021): 43–86. http://dx.doi.org/10.5937/gakv93-28592.

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This paper will analyse the position of the injured party in an investigation conducted by the public prosecutor's office, which was implemented in the Republic of Serbia in 2011. After we have given the definitions of the injured party and the difference with the term victim, as a criminological category, we will discuss whether the Serbian Criminal Procedure Code (2011) takes a step back when it comes to the position of the injured party in criminal proceedings. First of all, the ability of the injured party to become a subsidiary prosecutor was limited, as it was prescribed that the injured

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Leheza, Yevhen, Tetiana Slutska, and Tetiana Voloshanivska. "ADMINISTRATIVE-LEGAL AND CRIMINAL ASPECTS OF THE PROSECUTOR'S OFFICE: FOREIGN EXPERIENCE AND DIRECTIONS FOR IMPROVEMENT." Revista do Curso de Direito do UNIFOR 16, no. 1 (2025): e252025. https://doi.org/10.24862/rcdu.v16i2.2111.

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The purpose of the article is to clarify foreign experience concerning legal regulation of the prosecutor’s office functioning. Based on a comparative study of foreign prosecutors’ offices, data on their place in the government system, type of model and main functions are given, and this gives an idea of the role and directions of development of the prosecutor's office in the leading countries of the modern world. In Germany, public prosecutor's offices function at all levels of general courts. The Federal Prosecutor General exercises his powers under the overall direction of the German Minist

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7

Kim, Han-Kyun, and Chang Kuhn Kim. "The Public Service Duties and Roles of the Public Prosecutors." Korean Association of Criminal Procedure Law 14, no. 3 (2022): 71–97. http://dx.doi.org/10.34222/kdps.2022.14.3.71.

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This essay aims to review the public service duties and roles of the public prosecutors from the viewpoint of criminal justice reform, esp. of the reform of public prosecutors as state power institutions which has had enormous impact on the South Korean politics and people’s life. According to the Articel 4 of the Prosecutor’s Office Act, each prosecutor shall have the duties and authority falling under any of the following subparagraphs as a representative of public interests: ➀ Matters necessary for investigating crimes and instituting and maintaining public prosecution: Provided, That

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Mulya, Budi, Ulya Kencana, Cholidi Cholidi, and M. Zuhdi. "Asas Dominus Litis Bagi Kejaksaan dalam Penuntutan Tindak Pidana Berdasarkan Undang-Undang." Wajah Hukum 6, no. 2 (2022): 367. http://dx.doi.org/10.33087/wjh.v6i2.950.

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The Criminal Procedure Code is a generally accepted procedural law for criminal acts in Indonesia. It is regulated that those who have the right to carry out prosecutions are the Public Prosecutor or the Prosecutor. There is an element of legal uncertainty regarding his authority in prosecuting corruption crimes, for example. The separation of the authority of the Corruption Eradication Commission from the Prosecutor's Office, specifically as a claimant. In fact, the prosecution is on behalf of the Public Prosecutor or the Prosecutor. With the dominus-litis principle, expressly states that the

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9

Mateo Totić, Enio. "THE ROLE OF THE PUBLIC PROSECUTOR'S OFFICE WITHIN CRIMINAL PROCEEDINGS." SCIENCE International Journal 3, no. 4 (2024): 67–72. https://doi.org/10.35120/sciencej0304067t.

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The public prosecutor’s office is an independent state body tasked with protecting constitutionality and legality. It this regard, the prosecutor’s office is responsible for prosecuting perpetrators of criminal offenses ex officio. The majority of criminal offences in the Republic of Serbia fall into this category, meaning that a significantly smaller number of offences are prosecuted by private complaint, which depends solely on the will of the injured party. The author first of all examines the historical development of the public prosecutor’s office, which has its roots in France. In the ea

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Amelin, O. Yu. "CERTAIN ASPECTS OF THE APPOINTMENT AND REPLACEMENT OF THE PROSECUTOR IN CRIMINAL PROCEEDINGS ON OFFENCES IN THE SPHERE OF OFFICIAL ACTIVITY." Constitutional State, no. 56 (December 15, 2024): 143–54. https://doi.org/10.18524/2411-2054.2024.56.315691.

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The article is devoted to the study of procedural and legal aspects of the institute of appointment and replacement of a prosecutor (group of prosecutors) in criminal proceedings on crimes in the field of official activity. It is acknowledged that a correct understanding of the procedures and conditions under which a prosecutor may be appointed or replaced is key to ensuring an objective, transparent and efficient criminal proceedings. The author elaborates the criteria for the head of a prosecutor’s office to make decisions on the appointment (replacement) of a particular prosecutor in crimin

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Stefanchuk, M. M. "DISMISSAL OF PROSECUTORS IN THE EVENT OF LIQUIDATION OR REORGANISATION OF THE PROSECUTION BODY OR REDUCTION OF THE NUMBER OF PROSECUTORS IN THE PROSECUTION BODY: CONSTITUTIONAL AND JURISDICTIONAL ASPECT." Constitutional State, no. 57 (April 15, 2025): 63–74. https://doi.org/10.18524/2411-2054.2025.57.325383.

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The article examines the problematic aspects of dismissal of prosecutors on the grounds of liquidation or reorganisation of the prosecution body or reduction of the number of prosecutors in the prosecution body in the constitutional and jurisdictional aspect. The purpose of the article is to highlight the problematic aspects of legislative regulationof dismissal of prosecutors from their positions on the grounds of liquidation or reorganization of the prosecution body in which the prosecutor holds a position, or in case of reduction of the number of prosecutors in the prosecution body, through

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12

Zayceva, Ol'ga Anatol'evna. "Examination and subsequent evaluation of criminal case materials by the prosecuting attorney as the basis for effective organization of the judicial inquiry." Право и политика, no. 9 (September 2020): 249–61. http://dx.doi.org/10.7256/2454-0706.2020.9.33607.

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The subject of this article is the activity of the prosecuting attorney in the maintenance of public prosecution. The research methodology includes dialectical, logical, formal-legal, and hermeneutical methods. The legal framework for this research is comprised of the Constitution of the Russian Federation, criminal procedure legislation, as well as local normative acts regulating the questions of participation of prosecutors in the judicial stages of criminal proceedings. Emphasis is made on the questions of theoretical and applied nature, related to consideration of criminal case materials b

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Boreiko, Halyna, and Vira Navrotska. "Abuse of the right to prosecution in criminal proceedings: The experience of Ukraine and the United States." Social Legal Studios 6, no. 4 (2023): 38–47. http://dx.doi.org/10.32518/sals4.2023.38.

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Unfair use of the prosecutorʼs discretionary powers leads to violations of the rights, freedoms, and legitimate interests of a person. Examining the main ways of abusing the right to prosecution will help prevent negative manifestations in criminal proceedings that hinder the performance of its tasks. The purpose of the study is to identify specific examples of unfair behaviour by prosecutors in Ukraine and the United States during criminal proceedings. The paper uses a set of methods of scientific knowledge: abstraction, analysis, synthesis, comparative legal, formal legal, modelling methods.

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Augustyn, Paulina, and Karolina Bała. "COMBINING THE COMPETENCES OF MINISTER OF JUSICE AND THE PUBLIC PROSECUTOR GENERAL AS A THREAT TO THE RULE OF LAW." Roczniki Administracji i Prawa 2, no. XXI (2021): 27–36. http://dx.doi.org/10.5604/01.3001.0015.5548.

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The subject of the following article is to discuss the issue of merging the office of the Prosecutor General and the Minister of Justice. This was one of the changes in the grounds of the Law on the Public Prosecutor’s Office of 28 January 2016, which were aimed at strengthening the independence of the public prosecutor’s office and adjusting the solutions to the needs of a modern state. These changes actually led to the weakening of the independence of the prosecution service and prosecutors. The purpose of the article is to show the threat to the rule of law posed by combining the functions

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Leheza, Yevhen, and Oleksii Kalchuk. "International Perspectives on the Legal Framework Governing Prosecutorial Activities." SALAM: Jurnal Sosial dan Budaya Syar-i 12, no. 2 (2025): 243–58. https://doi.org/10.15408/sjsbs.v12i2.46140.

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This article seeks to illuminate how prosecutors' offices are legally regulated internationally. Through a comparative analysis of various foreign prosecutors' offices, the study presents information regarding their position within the government, the models they utilise, and their core functions. This allows for understanding the role and evolution of prosecutors' offices in prominent countries today. Germany, for instance, has public prosecutors' offices operating within all levels of its general court system. The Federal Prosecutor General operates under the general oversight of the German

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16

Reynolds and Liston. "Victims as Prosecutors: England 1800–1835." Societies 9, no. 2 (2019): 31. http://dx.doi.org/10.3390/soc9020031.

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This paper examines the role of the victim through the prism of prosecutor in the first third of the nineteenth century when England did not have a public prosecutor or national police force and most crimes were prosecuted in the courts by the victim. The selection of cases is drawn from a larger investigation of female offenders punished by transportation to New South Wales, Australia. The cases demonstrate the diversity of victims, the power they held as prosecutors and highlight the process from apprehension to conviction. Historical records of regional English Assizes and Sessions were inv

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17

Wahyuningsih, Sri Endah, and Agus Sunaryo. "THE ROLE OF PROSECUTOR OFFICE IN THE ERADICATION OF CORRUPTION CRIMINAL ACTS IN INDONESIA." Jurnal Pembaharuan Hukum 4, no. 2 (2017): 244. http://dx.doi.org/10.26532/jph.v4i2.1701.

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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

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Barhamudin, Barhamudin, and Abuyazid Bustomi. "JAKSA PENYIDIK DAN PENUNTUT UMUM DALAM PIDANA KORUPSI MENURUT HUKUM ACARA PIDANA INDONESIA." Solusi 21, no. 1 (2023): 68–81. http://dx.doi.org/10.36546/solusi.v21i1.808.

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The purpose of the study was to determine the investigation process and the relationship between investigators and public prosecutors in the process of investigating criminal acts of corruption. This research is a normative legal research. By using secondary data consisting of primary legal materials, secondary legal materials including tertiary legal materials. The Criminal Justice System outlined by the Criminal Procedure Code is an integrated criminal justice system (SPP), so the role of the prosecutor in addition to being a public prosecutor as well as an investigator is not in accordance

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Tabolina, K. A., and V. P. Tabolin. "Public Prosecutor’s Supervision in Criminal Proceedings in the context of Digital Relations Development." Actual Problems of Russian Law 18, no. 4 (2022): 115–23. http://dx.doi.org/10.17803/1994-1471.2023.149.4.115-123.

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The paper is devoted to the digital transformation in the Russian prosecution authorities and the transition to high-tech supervision of the prosecutor amid the development of digital relations, which will lead to an increase in the prosecutors’ efficiency in ensuring the legality of the proceedings of the preliminary investigation and inquiry bodies. The results of the study reflect current trends in the development of digital relations, confirm the need for digital transformation of the prosecutor’s office and determine its vector, aimed at the transition of work from paper to a single inter

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Šramel, Bystrík, and Libor Klimek. "THE PROSECUTORIAL MONOPOLY OF THE SLOVAK PUBLIC PROSECUTION SERVICE: NO ACCESS TO JUSTICE FOR THE INJURED PARTY?" Access to Justice in Eastern Europe 5, no. 2 (2022): 1–27. http://dx.doi.org/10.33327/ajee-18-5.2-a000201.

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The recodification of criminal law realised in the Slovak Republic in 2005 brought several new elements to criminal proceedings. One of them was the expansion and significant strengthening of the discretion of the public prosecutor in criminal proceedings. However, this authority of the public prosecutor’s office is, in many cases, perceived sensitively and controversially in Slovak society, especially in connection with many cases and scandals, when the prosecutor simply stated that ‘the act did not occur’. One of the related problems is the fact that the injured party in the Slovak Republic

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Tinambunan, Wahyu Donri, and Galih Raka Siwi. "Dinamika Kedudukan Hukum Jaksa sebagai Pengacara Negara Pasca Undang-Undang Kejaksaan." Ajudikasi : Jurnal Ilmu Hukum 6, no. 2 (2022): 125–42. http://dx.doi.org/10.30656/ajudikasi.v6i2.4586.

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The paradigm of society against the institution of the Indonesian Prosecutor's Office is generally only in criminally charged cases only. This is because, the role of the Prosecutor is quite central in the criminal law enforcement process. This research uses normative juridical methods by reviewing primary and secondary legal materials, which are then processed and presented to solve the problems that the authors raised in this study. The results and discussion showed, the Prosecutor is not only what is commonly known in the criminal domain, namely the Public Prosecutor, but there is also a St

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Korchagina, K. A. "On the functional delimitation of the powers of the prosecutor in criminal proceedings." Jus strictum, no. 1 (2025): 15–22. https://doi.org/10.18323/3034-2945-2025-1-60-2.

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The paper studies the functional delimitation of the powers of the prosecutor in criminal proceedings, including supervision over preliminary investigation bodies, criminal prosecution (formation and maintenance of public prosecution), and defense of human rights. The problem lies in the blurring of the boundaries of these functions, insufficient legal certainty and the presence of contradictory doctrinal approaches. The author carried out an analysis of the current legislation, scientific concepts and law enforcement practice in order to identify special aspects of the division of the powers

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Okopnik, Olena, and Maksim Kobzarenko. "MONITORING COURT DECISIONS AS A TOOL FOR OBTAINING INFORMATION, WHICH IS THE BASIS OF REPRESENTATION BY THE PUBLIC PROSECUTOR OF STATE INTERESTS IN COURT." Scientific Notes Series Law 1, no. 9 (2020): 97–102. http://dx.doi.org/10.36550/2522-9230-2020-1-9-97-102.

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The activity of the prosecutor's office of Ukraine is based on the principles of legality. The tools used by the prosecutor in his work must be normatively defined and enshrined in law. Failure to comply with these conditions may lead to different interpretations of the actions of prosecutors both by lawyers in general and directly by the courts in making decisions. Judicial practice and departmental regulations show that prosecutors use a tool such as "monitoring of court decisions", the definition of which is not enshrined in law. Therefore, the article analyzes the issue of prosecutors' use

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Zashupina, Yuliia. "AGENCIES AND OFFICIALS, AFFECTING DECISIONS ON DISMISSAL OF A PROSECUTOR IN UKRAINE." Baltic Journal of Legal and Social Sciences, no. 4 (May 23, 2022): 41–47. http://dx.doi.org/10.30525/2592-8813-2021-4-6.

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An independent prosecutor’s office is a guarantee of observance of laws and public order in any state, including Ukraine. A clearly defined and transparent procedure for dismissal of a prosecutor from his/ her office is, in particular, a component part of the prosecution agencies independence. Based on the results of systematic processing of laws and regulations as well as judicial practice, the scientific paper outlines the range of agencies and officials, with the participation of which the decision to dismiss a prosecutor from his/her office is made. The author established which subjects ha

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Kononchuk, I. M. "Principles of organization and activity of the European Prosecutor’s Office." Analytical and Comparative Jurisprudence, no. 4 (September 11, 2024): 700–704. http://dx.doi.org/10.24144/2788-6018.2024.04.115.

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The article is devoted to the research of the principles of organization and activity of the European Prosecutor’s Office. The activities of the European Prosecutor’s Office are based on principles that ensure the effectiveness and legality of its functioning, as well as guarantee the observance of the rights and freedoms of individuals. It was determined that according to the principle of independence, the European Public Prosecutor’s Office acts in the interests of the EU, is free from any influence and does not seek instructions from any subjects. EU institutions, bodies, and agencies must

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Muhammad Arif Fadli Syahputra, Erlina B, and Melisa Safitri. "TINJAUAN PEMBUKTIAN TINDAK PIDANA KORUPSI OLEH JAKSA PENUNTUT UMUM (Studi Putusan Nomor : 31/Pid.Sus-TPK/2021/PN.Tjk)." Maleo Law Journal 7, no. 1 (2023): 44–58. http://dx.doi.org/10.56338/mlj.v7i1.2639.

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The Prosecutor's Office carries out a corruption case settlement program to be completed within 3 (three) months and is responsible for the success of the investigation, prosecution and execution of court decisions on corruption cases that have permanent power (in kracht van gewijsde). Problems in researching the form of Prosecution in the Indictment by the Public Prosecutor against the Decision Number: 31/Pid.Sus-TPK/2021/PN.Tjk and how to prove the Corruption Crime by the Public Prosecutor against the Decision Number: 31/Pid.Sus-TPK/ 2021/PN.Tjk. The research method is normative juridical. T

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Stefanchuk, M. "The staff of the Public Prosecutor’s Office in Ukraine: in search of optimal ways of formation." Uzhhorod National University Herald. Series: Law, no. 68 (March 24, 2022): 246–52. http://dx.doi.org/10.24144/2307-3322.2021.68.43.

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It has been provided a comparative study of the national legal systems of some European Union member states with a high level of civil society confidence in the justice system, in terms of the formation of the prosecutor’s office as part of this system. It has been stated that in order to substantiate the timeliness and demand for measures of the current stage of reforming the prosecutor’s office in Ukraine, the criterion of the level of civil society trust in the prosecutor’s office is set, which fully meets the European standard of functioning of this institution in a democratic societ

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Basysta, I. V. "Prosecutor’s Authority To Participate In Criminal Trial In The Form Of Private Prosecution: Ukrainian Legislation, Court Practice, And International Experience." Actual problems of improving of current legislation of Ukraine, no. 50 (June 11, 2019): 13–25. http://dx.doi.org/10.15330/apiclu.50.13-25.

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This publication is the author’s attempt to present to the academic community the objective problems related to a prosecutor’s participation in a criminal trial in the form of the private prosecution, and possible ways and means to resolve them. In particular, the author offers her own approaches towards application by the prosecutor of their function of supporting public prosecution as an activity of exclusively public nature, which allows for the prosecutor’s participation in a criminal trial in the form of the private prosecution; prosecutor’s involvement being inherent to both forms of pub

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Tahya, Rizky Imanuel, Elsa Rina Maya Toule, and Dezonda Rosiana Pattipawae. "Eksaminasi Khusus Kejaksaan Agung Dalam Perkara Tindak Pidana." TATOHI: Jurnal Ilmu Hukum 4, no. 1 (2024): 49. http://dx.doi.org/10.47268/tatohi.v4i1.2120.

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Introduction: Special Examination is the process of conducting research and looking for certain case files that attract the attention of the media or other cases which, in the opinion of the leadership, need to be examined both for active cases and cases that have been handled by prosecutors or public prosecutors and which have obtained permanent legal force.Purposes of the Research: The purpose of this study is to find out and analyze the authority of the Attorney General's Office in taking over the prosecution of criminal cases from the Public Prosecutor's Office and to find out and analyze

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Arsentieva, S., and A. Savchenko. "THE PROSECUTOR’S POSITION ON A CRIMINAL CASE IN THE ASPECT OF ITS INCONSISTENCY." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7, no. 4 (2023): 100–104. http://dx.doi.org/10.29039/2413-1733-2021-7-4-100-104.

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The article analyzes the situations when, when considering criminal cases, the prosecutor (the prosecutor picks himself up in the article and the status of the public prosecutor) changes his opinion regarding the accusation approved in the indictment, when the verdict is passed in a special order. According to the authors, for a more effective prosecutor’s supervision over the preliminary investigation and a more responsible approach of prosecutors in developing a position while maintaining a charge in court, it is necessary to amend the Code of Criminal Procedure of the Russian Federation.

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Kurniawan, Itok Dwi, and Vincentius Patria Setyawan. "Analysis of the Realization of Justice in the Discretion to Terminate Prosecution." AURELIA: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia 3, no. 2 (2024): 1427–32. http://dx.doi.org/10.57235/aurelia.v3i2.2744.

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Restorative justice is not just an orientation towards the goals of punishment, but has become the basic direction of criminal law enforcement in Indonesia. Settlement of criminal cases that do not have to go through formal justice process is the main jargon of restorative justice. Selecting cases that are appropriate or not to be submitted to court can be carried out by the public prosecutor with the authority to stop the prosecution. This article will analyze the discretion that the public prosecutor has to stop cases that are not suitable to be submitted to trial or through formal channels.

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Amelin, O. Yu. "IMAGE OF PROSECUTORS AND THE PROSECUTOR'S OFFICE IN UKRAINE: A MODERN CONCEPT." Constitutional State, no. 47 (October 18, 2022): 8–20. http://dx.doi.org/10.18524/2411-2054.2022.47.265275.

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The article is devoted to the study of the peculiarities of understanding the image as a concept in general and the image of prosecutors and prosecution in particular. Attention is focused on the role of the image of state bodies of Ukraine, including the prosecutor’s office, in the conditions of a full-scale military attack on Ukraine. The tendency to the spread of information tools of commercial organizations among public authorities, in particular the prosecutor’s office, the intensification of attention of their management to the role of image and methods of effective image-making is state

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Šramel, Bystrík. "Possibilities of Strengthening the Independence of the Public Prosecutor’s Office of the Slovak Republic: A System of Appointment of the Prosecutor General to the Office as a Key Element?" Social Sciences 11, no. 8 (2022): 364. http://dx.doi.org/10.3390/socsci11080364.

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This paper deals with the issue of the independence of the Prosecutor’s Office of the Slovak Republic as an attribute that allows the Prosecutor’s Office to actually carry out its mission, regardless of the individual interests of the parties concerned and regardless of the government’s political goals and basic beliefs. In the first chapter, the paper deals with the current constitutional regulation of the Prosecutor’s Office of the Slovak Republic in the context of the legal regulation of its independence. The author points out the problems that arise from the absence of granting the attribu

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Hnatenko, V. S. "Functional component of the criminal procedural status of the Prosecutor's Office Head." Bulletin of Kharkiv National University of Internal Affairs 105, no. 2 (Part 2) (2024): 110–19. http://dx.doi.org/10.32631/v.2024.2.34.

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The article examines the functions of the Head of the Prosecutor’s Office in criminal proceedings as an integral part of his/her criminal procedural status. The existing approaches to understanding the concept of “criminal procedural status” and its analogues are identified. It is noted that the function of the head of a pre-trial investigation body differs from the function of a prosecutor - procedural supervisor (at the pre-trial investigation stage) and a prosecutor supporting the public prosecution (at the trial stages of criminal proceedings). The above is determined by the prosecutor's p

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Osipova, Olena. "Participation of the prosecutor in the proceedings outside the limits of the public prosecution." Slovo of the National School of Judges of Ukraine, no. 2(43) (November 7, 2023): 64–74. http://dx.doi.org/10.37566/2707-6849-2023-2(43)-4.

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The article examines the topical issues of the prosecutor's representative function in judicial proceedings in the conditions of law enforcement reform and martial law. Special attention is paid to consideration of issues regarding the limits of the prosecutor's representation of the state's interests in court proceedings. The views of scientists on the place and role of the prosecutor in the judiciary are analyzed, and the author's definition of the concept of the prosecutor's representative function in court is presented. The dual legal nature of the participation of the prosecutor in the ju

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Muammar, Muammar, and M. Irham Roihan. "AN ANALYSIS OF THE IMPLEMENTATION OF THE PROSECUTOR'S REGULATION NUMBER 15 OF 2020 CONCERNING TERMINATION OF PROSECUTIONS BASED ON RESTORATIVE JUSTICE AGAINST THE ABUSIVE CRIMINAL ACT." Jurnal Al-Dustur 4, no. 2 (2021): 253–77. http://dx.doi.org/10.30863/jad.v4i2.1842.

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The termination of prosecution in Erna Wilis’s case with Case Register Number PDM-44.SPEM/Eoh.2/07/2020 at the West Pasaman District Attorney Office, the author analyzes the basic considerations of the Public Prosecutor in implementing Restorative Justice, the suitability of the termination of the prosecution with the Prosecutor's Regulation (PERJA) Number 15 of 2020 concerning the termination of prosecution based on restorative justice and the obstacles faced by the Public Prosecutor. The research uses empirical juridical research methods with analytical descriptive studies using primary and

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Maimuna, Siti, and Moh Karim. "PRA PENUNTUTAN DAN PENUNTUTAN." Jurnal Res Justitia: Jurnal Ilmu Hukum 5, no. 1 (2025): 315–26. https://doi.org/10.46306/rj.v5i1.235.

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This research aims to understand problems regarding pre-prosecution and prosecution as well as problems regarding the authorities in pre-prosecution and prosecution and the authority of the public prosecutor. Pre-prosecution and prosecution are two important stages in the criminal justice process which determine the smoothness of a court proceeding to achieve peace and a decision from the court. Pre-prosecution is the initial stage carried out before carrying out a prosecution by an investigator. After the investigation is complete, the investigator gives the case files to the public prosecuto

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Grahek Ravančić, Martina. "Institucija javnog tužitelja u Hrvatskoj nakon završetka Drugoga svjetskoga rata." Dileme : razprave o vprašanjih sodobne slovenske zgodovine 6, no. 1 (2022): 43–75. http://dx.doi.org/10.55692/d.18564.22.2.

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The paper analyses the institution of the public prosecutor immediately after the end of World War II. The organisation of the work of the public prosecutor’s office was based on the experience of the Soviet legal system. It was a government institution with very broad powers and a very high degree of independence in its work. It is through the figure of the public prosecutor that we can best see the extent to which the politics influenced the legal order in the immediate post-war period. It was often said that public prosecutors were “powerful guardians of revolutionary law and interpreters o

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Artadinata, Naomi, and Sahuri Lasmadi. "Pengaturan Jaksa Penuntut Umum Dalam Penanganan Tindak Pidana Korupsi Berdasarkan Asas Dominus Litis." PAMPAS: Journal of Criminal Law 4, no. 3 (2023): 311–21. http://dx.doi.org/10.22437/pampas.v4i3.28637.

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This study aims 1) to find out the role of the Public Prosecutor in handling criminal acts in the justice system in Indonesia 2) To find out the consequences of the existence of legal ambiguity regarding the authority of the Public Prosecutor to handle criminal acts based on the principle of dominus litis. Whereas the authority investigate and prosecute in the Indonesian criminal justice system related to the dominus litis KUHAP principle is only limited to prosecution. Because the prosecutor's office only present at the preliminary examination, the investigative actions of the public prosecut

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Dani, Durahman, and Wijaya Maryadi. "The Concept of Coordination Reform Between Polri Institutions and The Public Prosecutor's Office in Pre-Prosecution." Cendekia : Jurnal Hukum, Sosial dan Humaniora 2, no. 3 (2024): 702–13. https://doi.org/10.5281/zenodo.12751847.

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The primary objective of this study was to investigate a concept that facilitates efficient coordination between the prosecutor's office and police, thereby ensuring that the pre-prosecution process does not impede law enforcement efforts. Currently, the lengthy duration of the pre-prosecution process is attributed to the numerous cases that require back-and-forth communication. If this situation arises, the examination of case files in a back-and-forth manner becomes either unnecessary or significantly reduced, as investigators and public prosecutors possess aligned perspectives and require e

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GORDON, SANFORD C. "Assessing Partisan Bias in Federal Public Corruption Prosecutions." American Political Science Review 103, no. 4 (2009): 534–54. http://dx.doi.org/10.1017/s0003055409990207.

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The 2007 U.S. Attorney firing scandal raised the specter of political bias in the prosecution of officials under federal corruption laws. Has prosecutorial discretion been employed to persecute enemies or shield allies? To answer this question, I develop a model of the interaction between officials contemplating corruption and a prosecutor deciding whether to pursue cases against them. Biased prosecutors will be willing to file weaker cases against political opponents than against allies. Consequently, the model anticipates that in the presence of partisan bias, sentences of prosecuted opponen

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Zięba-Załucka, Halina. "Prokuratura a Sejm." Przegląd Prawa Konstytucyjnego 67, no. 3 (2022): 173–87. http://dx.doi.org/10.15804/ppk.2022.03.13.

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Author argues in the article that under the legal status preceding the 2009 amendment to the Act on the Public Prosecutor’s Office, the Sejm’s control over the actions of the Minister of Justice – Prosecutor General found a direct basis in the constitutional norm, which entrusts the Sejm with the control over the Council of Ministers. Under the 2009 prosecution model, where the functions of the Prosecutor General and the Minister of Justice were separated, the Prosecutor General, directing the activities of the prosecution service, was an autonomous body in relation to Council of Ministers, Pr

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Titov, Pavel. "Problems of the legal status of the prosecutor on criminal private accusation cases." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 3 (2020): 123–32. http://dx.doi.org/10.35750/2071-8284-2020-3-123-132.

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Introduction. Relevance of the research topic. Criminal proceedings are generally based on public law, which involves the participation of a prosecutor in criminal cases, who performs two main functions: criminal prosecution and supervision of the procedural activities of the preliminary investigation bodies. In cases of private prosecution, however, taking into account the specifics of initiating criminal prosecution, the lack of stages of initiation of criminal proceedings and preliminary investigation and the collection of the bulk of evidence by a private prosecutor, the Prosecutor cannot

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Stefański, Ryszard A. "Notification of A Gross Breach of Procedural Obligations by A Public Prosecutor or A Person Conducting A Preparatory Proceeding." Ius Novum 19, no. 1 (2025): 36–58. https://doi.org/10.2478/in-2025-0004.

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Abstract The research problem of the article is the notification of a gross breach of procedural obligations by a public prosecutor or a person conducting a preparatory proceeding (Article 20 § 2 of the Code of Criminal Procedure). Its aim is to assess the usefulness of this measure in eliminating significant procedural irregularities committed by a public prosecutor and bodies conducting preparatory proceedings. The research thesis is the statement that this notification plays an important role in eliminating and preventing procedural irregularities in the activities of public prosecutors and

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Dicky Yunandar Siregar. "Penyelesaian Perkara Melalui Asas Restorative Justice terhadap Pelaku Tindak Pidana dalam Tingkat Penuntutan oleh Jaksa Penuntut Umum." Politika Progresif : Jurnal Hukum, Politik dan Humaniora 1, no. 2 (2024): 306–18. https://doi.org/10.62383/progres.v1i2.468.

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The implementation of the principles of Restorative Justice at the prosecution level by the Public Prosecutor aims to achieve more holistic and sustainable justice, taking into account the interests of all parties involved in criminal incidents. This approach places attention on recovery and reconciliation, while considering the goals of the perpetrator's rehabilitation and the victim's recovery. The aim of this research is to find out and understand the process of resolving the principles of restorative justice against perpetrators of criminal acts at the prosecution level by the public prose

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Qinvi, Nada Ulya, and Alfitra Alfitra. "Studi Perbandingan Kewenangan Kejaksaan Republik Indonesia Dengan Kejaksaan Malaysia Dalam Penanganan Perkara Tindak Pidana Korupsi." JOURNAL of LEGAL RESEARCH 2, no. 2 (2021): 231–56. http://dx.doi.org/10.15408/jlr.v2i2.13914.

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This study aims to explain the role of the Indonesian Public Prosecutor's Office and the Malaysian Prosecutor's Office in corruption crimes as well as the similarities and differences between the authorities of the Republic of Indonesia Prosecutors and the Malaysian Prosecutors in handling corruption cases. This research uses qualitative research research. In this research, the data collection method is carried out by using the library research technique, namely by studying the literature, legislation, books, official documents, and the writings of scholars related to this thesis. and analyzed

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Mujuzi, Jamil Ddamulira. "Protecting Animals from Mistreatment through Private Prosecutions in South Africa: A Comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development 2016 1 SACR 308 (SCA)." Journal of African Law 61, no. 2 (2017): 289–304. http://dx.doi.org/10.1017/s0021855317000146.

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AbstractThe general rule in South Africa is that, when an offence is committed, the suspect has to be prosecuted by a public prosecutor. However, there is an exception whereby a victim of crime is permitted to institute a private prosecution if the prosecutor has declined to prosecute. South African law allows natural, but not juristic, persons to institute private prosecutions. In the case examined in this note, the appellant argued that the law prohibiting juristic persons from instituting private prosecutions is discriminatory. The Supreme Court of Appeal held that private prosecutions are

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Lee, Seong-Ki. "Review on the Legality of the Amendment to Presidential Decree on the Scope of Crime Investigation Initiated by a Prosecutor." Kyung Hee Law Journal 57, no. 3 (2022): 75–100. http://dx.doi.org/10.15539/khlj.57.3.3.

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Article 4 of the Prosecutor’s Office Act of 2020 provided that a prosecutor may commence an investigation for significant crimes prescribed by Presidential Decree, such as corruption, economic crimes, crimes of public officials, election crimes, defense industry crimes, and catastrophes. The National Assembly revised the article in May of 2022 providing that a prosecutor may commence an investigation for significant crimes prescribed by Presidential Decree, such as corruption and economic crimes, which was revised to reduce the scope of crime investigation initiated by a prosecutor. Thereafter

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Harahap, Muhammad Rafandi, Yasmirah Mandasari Saragih, Tonggo Sitorus, and Ferdinand Sembiring. "Role of the Prosecution in Overcoming Criminal Acts of Terrorism." International Journal of Multidisciplinary Approach Research and Science 2, no. 01 (2023): 156–64. http://dx.doi.org/10.59653/ijmars.v2i01.385.

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The prosecutor's office is responsible for carrying out investigations into criminal acts of terrorism. This includes collecting evidence, monitoring perpetrators, and gathering information from related parties. The prosecutor's office also has the authority to examine documents related to criminal acts of terrorism, such as newspapers, magazines, and social media. Prosecutors as Public Prosecutors have the primary task and role of prosecuting various criminal cases and carrying out judge's determinations and court decisions with permanent legal force. This terrorism case is classified as an o

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Riski, Muhammad, Setiyono Setiyono, and Teguh Suratman. "Upaya Jaksa dalam Penyelidikan Tindak Pidana Korupsi (Studi pada Kejaksaan Negeri Malang)." MLJ Merdeka Law Journal 2, no. 2 (2021): 118–34. http://dx.doi.org/10.26905/mlj.v2i2.7158.

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This study aims to analyze the efforts of prosecutors in investigating corruption crimes and to examine and analyze the obstacles faced by prosecutors in investigating corruption crimes and the efforts to overcome them. Methodologically, this research belongs to the type of criminological research where this approach is intended to find out the causes and efforts of prosecutors in investigating Corruption Crimes as well as the obstacles faced by prosecutors in Corruption Crime Investigations and efforts to overcome them. Using an interactive analysis model or Interactive Model of Analysis, it

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