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The judicial police, judiciary police, or justice police are (depending on both country and legal system) either a branch, separate police agency or type of duty performed by law enforcement structures in a country. The term judiciary police is mostly a functional title, a role which is assumed by elements of the larger police force who act under direct guidance of the prosecutor. They exist primarily to provide evidence to the prosecutor. They can arrest and interrogate suspects, conduct lineups, question witnesses, and even interrogate non-suspects. [1]
In civil law systems, it is common for judiciary police to be a separate police structure from internal affairs police structure, but they can overlap in duties and competencies.
The most important difference is that the judiciary police typically report to the judicial branch of government or to the justice ministry or department of the executive branch, and "normal" police, such as the gendarmerie, typically report to the ministry of internal affairs of the executive branch. Typical duties performed by the judicial police are administering and securing administration offices of the judicial branch, courts and prisons, providing physical security to judicial officials such as judges, criminal investigators and prosecutors, transportation of defendants and prisoners between courts, jails and law enforcement offices and other duties linked to enforcement of criminal law.
In some cases, the judicial police secure enforcement of non-criminal judicial decisions, such as providing physical security to judicial enforcement officers (ushers or bailiffs), but that is commonly the duty of normal police. It is common for criminal investigation duties, usually under the direction of a prosecutor's office, to be performed by the judicial police branch instead of a criminal investigation department within a standard police force, but it does not commonly participate in other forms of law enforcement, such as enforcement of traffic codes.
Civil law judiciary police are, thus, in many ways similar to the institutes of sheriff or marshall in common law countries.
Judicial police are a functional type of police in France that is responsible for the investigation, prosecution, and punishment of criminal offenses. [2] [3]
In Brazil, the duties of the judicial police are the responsibility of the Civil Police of the States and the Federal District and the Federal Police, in accordance with paragraphs 4 and 1 of article 144 of the Constitution. [4]
The function of the Judicial Police dates back to 1619, when the alcaides, carrying out their activities in the towns of the Colony, carried out measures to arrest evildoers, always accompanied by a clerk who would draw up a report of what had happened for later presentation to the magistrate. Later, the figure of the "criminal minister" (ministro criminal or meirinho) emerged, who in his districts mixed the roles of judge and police officer, keeping the peace, carrying out investigations, and ordering the arrest of criminals.
From 1808, with the creation of the Brazilian branch of the Portuguese General Intendancy of the Police of the Court and the State of Brazil [ pt ] in Rio de Janeiro (state) following the model of the Intendência-Geral da Polícia da Corte e do Reino in Portugal,, and the establishment in the same year of the Secretary of Políce (precursor of the current Civil Police of Rio de Janeiro State), followed by the creation of the position of Police Commissioner [ pt ] in 1810, the exercise of the Brazilian judicial police was established in the new police structure.
During the imperial government, it was the delegado [lower-alpha 1] of the Chief of Police who carried out this function, which was retained after the Proclamation of the Republic in 1889, in the Civil Police of the Federal District and in the civil police of the other states of the federation.
As of 1967, the civil police, under the legislation of the military regime, lost their responsibilities related to uniformed ostentatious policing, which they had been carrying out since 1866 through their civil guard corps. This became the responsibility of the state military police and the municipal guards.
Under the terms of article 144, paragraph 4, of the Constitution, "the civil police, led by career delegados, are responsible, except for the those under jurisdiction of the Union ( Polícia Federal ), for the functions of the judicial police and the investigation of criminal offenses, except military ones." [4] They are subordinate to the state governors, through the public security secretariats.
The investigation of criminal offenses is carried out in the course of a police inquiry [ pt ] as provided for in the Code of Criminal Procedure. The Police investigation is conducted independently, exclusively by the delegado, under the terms of Law No. 12.830/2013, which refers it to the appropriate criminal court after its conclusion. The Public Prosecutor's Office may request additional measures to better investigate a case in order to file a criminal action.
Military police (MP) are law enforcement agencies connected with, or part of, the military of a state. In wartime operations, the military police may support the main fighting force with force protection, convoy security, screening, rear reconnaissance, logistic traffic management, counterinsurgency, and detainee handling.
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.
State police, provincial police or regional police are a type of sub-national territorial police force found in nations organized as federations, typically in North America, South Asia, and Oceania. These forces typically have jurisdiction over the relevant sub-national jurisdiction, and may cooperate in law enforcement activities with municipal or national police where either exist.
Law enforcement in France is centralized at the national level. Recently, legislation has allowed local governments to hire their own police officers which are called the police municipale.
The Judiciary of Russia interprets and applies the law of Russia. It is defined under the Constitution and law with a hierarchical structure with the Constitutional Court and Supreme Court at the apex. The district courts are the primary criminal trial courts, and the regional courts are the primary appellate courts. The judiciary is governed by the All-Russian Congress of Judges and its Council of Judges, and its management is aided by the Judicial Department of the Supreme Court, the Higher Qualification Board of Judges, and the Ministry of Justice, and the various courts' presidents. And although there are many officers of the court, including jurors, the Prosecutor General remains the most powerful component of the Russian judicial system.
The Department of Federal Police is a federal law enforcement agency of Brazil and one of the three national police forces. The other two are the Federal Highway Police, and the National Force. From 1944 to 1967 it was called the Federal Public Safety Department.
Law enforcement in Sweden is carried out by several government agencies, under the guidance of the Government of Sweden.
In Brazil, the Federal Constitution establishes eight law enforcement institutions - seven titulars and one auxiliar. The titular institutions are: the Federal Police, the Federal Highway Police, the Federal Railroad Police, the Federal Penal Police, the State Military Police and Fire Brigade, the State Civil Police and the State Penal Police. Of these, the first four are affiliated to federal authorities and the latter three are subordinated to state governments. These public safety institutions are part of the Executive branch of either federal or state government. Apart from these eight institutions, there are others which affiliate to municipal authorities: the Municipal Guards. According to Minister Alexandre de Moraes of the Supreme Federal Court, "...the Municipal Guards are inserted in public safety as the auxiliary and related body of public security force..." Federal law 13,022 gave them de facto and de jure police attributions.
The Polícia Judiciária is the national criminal investigation police agency of Portugal, focused in fighting serious crimes, including homicides, kidnapping, organized crime, terrorism, illegal drug trade, corruption, cybercrime and financial crime. It is integrated into the Ministry of Justice, but operates under the supervision of the Public Ministry.
Provosts are military police (MP) whose duties are policing solely within the armed forces of a country, as opposed to gendarmerie duties in the civilian population. However, many countries use their gendarmerie for provost duties.
Law enforcement in Spain is carried out by numerous organizations, not all of which operate in the same areas.
In Brazil, the Civilian Police is the name of the investigative state police forces.
Law enforcement in Albania is the responsibility of several agencies. The responsibility for most tasks lies with the Albanian State Police, a national police agency, which is under the authority of Ministry of Internal Affairs. Examples of other agencies with limited policing powers are the Municipal Police, which has administrative functions and operates in the local level. They are controlled by mayors.
The Public Prosecutor's Office is the Brazilian body of independent public prosecutors at both the federal and state level. It operates independently from the three branches of government. It was once referred to by constitutional lawyer and former president Michel Temer as a "Fourth Branch". The Constitution of 1988 divides the functions of the Public Prosecutor's Office into three different bodies: the Public Procurator's Office, the Public Defender's Office and the Public Prosecutor's Office itself, each one of them an independent body. In addition to that, the new Constitution created the Federal Court of Accounts, which is also autonomous in its functions.
In many countries, particularly those with a federal system of government, there may be several law enforcement agencies, police or police-like organizations, each serving different levels of government and enforcing different subsets of the applicable law.
Mexico law enforcement is distributed among three distinct powers of authority and jurisdiction: federal, state, and municipal. With the reform of former President; Andres Manuel Lopez Obrador of Mexico’s Federal Police, the agency was replaced with the new National Guard, which serves as a federal ‘military police.’ The main goal of the National Guard is to bring justice and peace to the country. The National Guard was created because some sections of the Federal Police were involved in organized crime, corruption, and similar issues.
The Civil Police of the Federal District is the investigative police force for the Federal District of Brazil, which contains the capital Brasilia. The Civil Police report to the Governor of the Federal District and is linked to the State Secretariat of Public Security.
The General Commissariat of Judiciary Police is an intelligence service within the National Police Corps of Spain responsible for the investigation of organized crime, economic and monetary crimes or cybercrime. CGPJ is also in charge of investigating drug trafficking, gambling control and collecting intelligence for the police corps.
The police inquiry in Brazil is an administrative police procedure created by imperial decree 4.824/1871 and provided for in the Brazilian Code of Criminal Procedure as a fundamental investigative procedure of the Brazilian judicial police (Brazil). It investigates (examines) a certain crime and precedes the criminal action, being commonly considered as pre-procedural, although it is part of the criminal process. The police inquiry is a written procedure presided over by the police authority, who is the police delegate. It consists of evidence of the authorship and materiality of the crime, which are commonly produced by the police authority and by the agents of the police authority.
The Brazilian criminal justice system comes from the civil law of Western Europe, in particular Portuguese law, which derives from Roman law. The earliest legal documents in Brazil were land grants and charters dating to the early 16th century, which continued to be used until independence in 1822. Various basic principles of law are enshrined in the 1988 Constitution, such as the principle of legality and the principle of human dignity.