Some Facts about Legal Prosecution in Different Countries

Vocabulary

to prosecute – переслідувати в судовому порядку, переслідувати в кримінальному порядку / преследовать в судовом порядке, преследовать в криминальном порядке

prosecution – судове переслідування, обвинувачення / судебное преследование, обвинение

to prosecute in the name – підтримувати обвинувачення від імені / поддерживать обвинение от имени

to charge with – доручати / поручать

to bring to justice – передавати суду / предавать суду, отдавать в руки правосудия

to be in charge of – керувати, завідувати / руководить, заведовать

to undertake – починати / предпринимать, брать на себя обязательства

to carry out – здійснювати, доводити до кінця / осуществлять, доводить до конца

district attorney – районний прокурор / районный прокурор

Attorney General – Генеральний прокурор, Міністр юстиції, атторней / Генеральный прокурор, Министр юстиции, атторней

evidence – докази / доказательства, улики

to return an indictment – винести обвинувальний акт / вынести обвинительный акт

1. At first let’s define one legal notion. What is a prosecutor?

In most jurisdictions the legal official who prosecutes the crime in court is the public prosecutor (sometimes known as the Procurator). In other words, it is a government official charged with bringing defendants in criminal cases to justice in the name of the state. Although responsibilities vary from one jurisdiction to another, many prosecutors are in charge of all phases of a criminal proceeding, from investigation by the police through trial and beyond to all levels of appeals. Many also defend the state in civil actions.

2. In what way does the system of prosecution in the U.K. differ from other countries?

In the United Kingdom, prosecution is carried out in the name of the Crown. In this sense the Crown can be said to prosecute, and the prosecution is often referred to as “the Crown”.

In England, most prosecutions are undertaken by the police, on the basis of complaints made to them. The more serious crimes, such as murder, are prosecuted by a legal officer of the government. The English procedure does not centralize all prosecutions for crime in a public official or department and thus differs from the system employed in Scotland and continental European countries, as well as from the American system.

3. Are there special offices of public prosecutors in other countries?

In some countries, as France, public prosecution is carried out by a single office that has representatives in courts all over the country. In Japan, too, the office of public prosecutor runs parallel to a unitary court system.

In the USA only on the federal level the system is unitary.

4. Are the prosecutors elected or appointed?

In some countries, including France, Japan and Germany, the prosecutors are part of a career civil service. They are appointed by the Ministry of Justice and generally subject to its control. In Japan, they may be dismissed only for reasons of health or other disciplinary proceedings.

In the USA on the federal level a district attorney is appointed by the U.S. Attorney General’s office for each federal district. However, states and counties have their own prosecutors. In most U.S. state and local jurisdictions, prosecutors are elected to office.

5. Do prosecutors supervise the run of investigation of crimes?

In some countries the prosecutor takes charge of the investigation of a crime. In both the United States and Russia the prosecutor is largely responsible for the police investigation.

In Russia, a representative from the Procurator’s Office runs the preliminary hearing. The Procurator General oversees the investigation and can order it to continue if he feels more evidence can be found. At the same time he can overturn any investigation.

In the United States the prosecutor presents evidence at hearing before a grand jury, which may or not return an indictment for trial.

Often the District Attorney’s office has its own investigative team of cops and lawyers.

6. Do the police and the prosecutor perform similar work?

The work of the prosecutor is distinct from that of the police. The police are interested in tracing down and arresting offenders, the prosecutor is concerned with how the case is going to be presented in court.

7. What is older: the office of public prosecutor or the police?

The office of public prosecutor is much older than the police. In many countries in Continental Europe, for example, the prosecutor originated as the King’s representative sent out to investigate violations of the Kings authority. The Police, as they developed, worked under the direction of the Prosecutor.