you are here: > Judicial Code > Article 71 
 
III. Judicial Standards and Criminal Matters
 
  12. General Principles of Criminal Prosecution  
  Article 71-The Public prosecutor  
71.1 The Public prosecutor  
  The public (state) prosecutor is responsible for the preparation, analysis and conducting the state's suit against an accused man or woman .  
71.2 Qualification of prosecutor  
  The dispensing of justice is dependent upon both competent prosecution as well as competent defence. It is therefore crucial that a man or woman representing the state as prosecutor is not only well qualified in law, but considered a man or woman of high skill and intellect.  
  Therefore, all prosecutors should be chosen from the best of counsels and legal skill with income comensurate to such skill and talent.  
71.3 Encouraging the tradition of counsel experience as both prosecutor and defense  
  Rather than developing a legal system whereby counsels are considered either prosecution or defense, it should be encouraged that young and new counsels are encouraged to consider a period of apprentership in the prosecutors office, just as skilled counsels wishing to fulfil a career as a judge consider devoting some of their career and service both as a prosecution counsel and a defense counsel.  
  To the service of law and to the benefit of all accused is that counsels have experience, knowledge and skill at both the process of prosecution and of defense.  
71.4 Preparation of the prosecution suit  
  The prosecutor in preparing the state's suit against the accused has the task of ensuring that all the evidence, witnesses and conduct of the suit ensures the most effective conviction against the accused.  
  The most essential test of a suit before going to court is that there is sufficient and strong evidence consistent with the primary facts of the offence.  
  A lack of evidence concerning a primary fact of a suit should be grounds to question the sufficiency of a suit.  
  It is therefore the task of the prosecutor to review all evidence to ensure the suit is sufficiently robust for prosecution.  
     
     
     
 
 

Copyright © 2009 Asia-Union.Org. All rights reserved.