Public prosecutor's office

Last updated
Lithuanian public prosecutor's office in Vilnius Prokuratura by Augustas Didzgalvis.jpg
Lithuanian public prosecutor's office in Vilnius

Public prosecutor's offices are criminal justice bodies attached to the judiciary.

They are separate from the courts in Germany, Austria and the German-speaking parts of Switzerland, and are called the Staatsanwaltschaft (German: [ˈʃtaːt͡sʔanˌvaltʃaft] ).

This kind of office also exists in Mainland China, Taiwan and Macau (which continues to follow the Portuguese legal system), and in some countries in Central Europe including Slovakia, Hungary, Slovenia, Poland and the Czech Republic.

See also


Related Research Articles

In most common law jurisdictions, the attorney general or attorney-general is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, prosecutions or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience.

The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members of the Commonwealth of Nations.

<span class="mw-page-title-main">District attorney</span> US state prosecutor of criminal offenses

In the United States, a district attorney (DA), county attorney, county prosecutor, state's attorney, prosecuting attorney, commonwealth's attorney, state attorney or solicitor is the chief prosecutor or chief law enforcement officer representing a U.S. state in a local government area, typically a county or a group of counties. The exact scope of the office varies by state. Generally, the prosecutor represents the people of the jurisdiction. With the exception of three states, district attorneys are elected, unlike similar roles in other common law jurisdictions.

<span class="mw-page-title-main">Prosecutor</span> Legal profession

A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.

<span class="mw-page-title-main">Crown attorney</span> Prosecutor in the Canadian legal system

Crown attorneys or crown counsel are the prosecutors in the legal system of Canada.

<span class="mw-page-title-main">Crown Office and Procurator Fiscal Service</span> Independent public prosecution service for Scotland

The Crown Office and Procurator Fiscal Service is the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by His Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution, along with the sheriffdom procurators fiscal. In Scotland, virtually all prosecution of criminal offences is undertaken by the Crown. Private prosecutions are extremely rare.

<span class="mw-page-title-main">Supreme People's Procuratorate</span> Chinese national legal agency

The Supreme People's Procuratorate of the People's Republic of China is the highest national agency responsible for legal prosecution and prosecutorial investigation in China. The SPP reports to the National People's Congress (NPC).

<span class="mw-page-title-main">European Public Prosecutor's Office</span> Agency of the European Union

The European Public Prosecutor's Office (EPPO) is an independent body of the European Union (EU) with juridical personality, established under the Treaty of Lisbon between 23 of the 27 states of the EU following the method of enhanced cooperation. The EPPO was established as a response to the need for a prosecutorial body to combat crimes affecting the financial interests of the European Union (EU). The idea of establishing the EPPO gained momentum with a legislative proposal put forth by the European Commission in 2013. After lengthy negotiations and discussions within the European Council, the European Parliament and Member States, Regulation (EU) 2017/1939 was adopted on October 12, 2017, formalizing the creation of the EPPO. The EPPO Regulation is the EPPO's legal basis, as it outlines the objectives, structure, jurisdiction, and operational procedures. Directive (EU) 2017/1371, also known as the PIF Directive, specifies the criminal offenses affecting the EU's financial interest falling under the EPPO's jurisdiction. The EPPO's primary mandate is to investigate and prosecute offenses such as fraud, corruption, and money laundering that harm the financial interests of the EU, as defined by the PIF Directive. The EPPO represents a significant step towards a more integrated and effective approach to combating transnational crimes within the EU, fostering collaboration and coordination among member states to protect the Union's financial resources. As an independent EU body, the EPPO plays a crucial role in ensuring the rule of law and safeguarding the integrity of the EU's financial system. The EPPO is based in Kirchberg, Luxembourg City alongside the Court of Justice of the European Union (CJEU) and the European Court of Auditors (ECA).

<span class="mw-page-title-main">Procurator fiscal</span> Public prosecutor in Scotland

A procurator fiscal, sometimes called PF or fiscal, is a public prosecutor in Scotland, who has the power to impose fiscal fines. They investigate all sudden and suspicious deaths in Scotland, conduct fatal accident inquiries and handle criminal complaints against the police. They also receive reports from specialist reporting agencies such as His Majesty's Revenue and Customs.

<span class="mw-page-title-main">EURALIUS</span>

The Consolidation of the Justice System in Albania (EURALIUS) was an EU funded technical assistance project that sought the strengthening of the Albanian Justice System. The objective of EURALIUS was to strengthen the independence, transparency, efficiency, accountability and public trust in the Albanian justice system in line with the EU Acquis and best practices. EURALIUS was composed of long-term international experts from various EU Member States and of Albanian legal professionals who act as national experts, as well as support staff consisting of project assistants, translators, etc.

The Attorney General is the top prosecutorial official in Poland. The Office of the Public Prosecutor General's office has authority over the National Public Prosecutor, public prosecutors of universal prosecutorial bodies, regional prosecutorial bodies and various specific prosecutorial commissions. Apart from a brief period between 2010 and 2016, the position of Public Prosecutor General has been held concurrently by the Minister of Justice. Adam Bodnar is the current Public Prosecutor General of Poland.

<span class="mw-page-title-main">Prosecutions Division (Hong Kong)</span>

The Prosecutions Division (刑事檢控科) of the Department of Justice, is the public prosecution office in Hong Kong led by the Director of Public Prosecutions. The Prosecutions Division is the largest in the department, with about 125 lawyers, known as 'Public Prosecutors', and about 115 lay prosecutors, known as 'Court Prosecutors'. The role of the Division is to prosecute trials and appeals on behalf of Hong Kong, to provide legal advice to law enforcement agencies upon their investigations, and generally to exercise on behalf of the Secretary for Justice the discretion of whether or not to bring criminal proceedings in Hong Kong. In addition, counsel in the Division provide advice and assistance to Government bureaux and departments in relation to any criminal law aspects of proposed legislation.

<span class="mw-page-title-main">Attorney General of the Union (Brazil)</span> Brazilian government position

The Attorney General Office is a cabinet-level position in the Brazilian government charged with advising the Executive Branch and representing the federal government of Brazil in legal proceedings legally known as the Union (União). The Attorney General is defined under the Article 131 of the Brazilian Constitution as one of the essential functions of Brazilian judicial administration, along with the roles performed by the judicial branch, the Prosecutor's office, the public defenders and private lawyers. The current Attorney General is Jorge Messias.

In common law, the principle of prosecutorial discretion allows public prosecutors a wide latitude to decide whether or not to charge a person for a crime, and which charges to file. A similar principle in continental law countries is called the principle of opportunity.

The New South Wales Office of the Director of Public Prosecutions (ODPP) is an independent prosecuting service and government agency within the portfolio of the Attorney General of New South Wales. Of all prosecuting services in Australia, the ODPP has the largest caseload, staff, and budget.

<span class="mw-page-title-main">Prosecutor General (Albania)</span>

In Albania, the Prosecutor General(Albanian: Prokurori i Përgjithshëm) is the highest judicial authority exercising the criminal prosecution of entities or individuals and representing the accusation in court on behalf of the state. They are also responsible for carrying out a series of other duties assigned by law to the prosecution.

<span class="mw-page-title-main">Spanish Attorney General</span>

The Attorney General of the State(Spanish: Fiscal General del Estado), or also, Prosecutor General, is the head of the Prosecution Ministry, the body with functional autonomy in the Judiciary, that has constitutionally been entrusted with the promotion of the action of the justice in defense of the legality, protecting citizens rights and the public interest, and ensuring the independence of the courts and to seek the satisfaction of the social interest.

<span class="mw-page-title-main">Prosecution Ministry</span>

The Prosecution Ministry is a constitutional body integrated into the Judiciary of Spain, but with full autonomy. It is entrusted with defending the rule of law, the rights of the citizens, and public interest, as well as watching over the independence of the courts of justice.

<span class="mw-page-title-main">Public prosecutor's office (Germany)</span>

The Staatsanwaltschaft is the public prosecutor's office in Germany. They are the offices of the public prosecutors which are criminal justice bodies attached to the judiciary but separate from the courts.

Universal jurisdiction investigations of war crimes in Ukraine are investigations of war crimes in the 2022 Russian invasion of Ukraine carried out under the legal systems of individual states under the universal jurisdiction principle of international humanitarian law. States that started investigations included Germany, Lithuania, Spain and Sweden.