LEGAL STATUS OF THE PROSECUTOR’S OFFICE AS A STATE BODY

Аннотация

INTRODUCTION authorities’ operation as independent entities with On September 7, 1990, the “Guidelines on the Role corresponding legal status. of Prosecutors” were adopted at the Eighth United Nations Congress on the Prevention of Crime and Prosecutorial authorities protect public interests— the Treatment of Offenders. These guidelines namely, the interests of the state and society. provide a detailed explanation of the legal status Therefore, the status of prosecutorial authorities and primary functions of prosecutorial authorities should enable them to defend these interests in states. They also offer insight into the conceptual through any lawful means and before any instance. framework of how the prosecutorial system should This underscores the requirement for be structured and its place within the state prosecutorial authorities to have a legal status that apparatus, making it a highly valuable document in ensures their independence from the judiciary and this field. executive branches while allowing them to safeguard public interests in administrative and According to the guidelines and scholarly enforcement proceedings. This independent legal literature, prosecutorial authorities must remain status enables the prosecutorial authorities to act separate from the judiciary, support the institution as autonomous entities that can effectively protect of prosecution, investigate criminal cases in public interests at all levels of the state system. accordance with relevant legislation, oversee such investigations, and perform other functions that Based on the legal status of prosecutorial represent state interests as prescribed by law. authorities and their place within the state These functions necessitate the prosecutorial apparatus, we have divided them into three https://www.theamericanjournals.com/index.php/tajpslc 47 THE USA JOURNALS THE AMERICAN JOURNAL OF APPLIED SCIENCES (ISSN – 2689-0992) VOLUME 06 ISSUE06 conditional groups, guided by theoretical to-day basis but focus on broader legal oversight perspectives and legislative practices: (1) judicial and procedural functions. authorities, (2) executive authorities, and (3) Furthermore, the role of prosecutorial authorities independent oversight bodies with broader in presenting state accusations and investigating powers. crimes does not, in itself, determine their legal 1. Judicial Authorities. status or place within the state apparatus. In our view, this highlights that prosecutorial authorities, In many legal systems, prosecutorial authorities regardless of their position, must function as are considered part of the judicial branch. More independent entities with sufficient authority to specifically, nearly all legal systems view the detect, investigate, and oversee other law participation of prosecutorial authorities in judicial enforcement activities to ensure justice. When processes as fundamental and place significant prosecutorial authorities are viewed as emphasis on this role. Historically, in Europe, the independent entities responsible for justice, it is formation of prosecutorial authorities has been essential to note their extensive powers. In the closely tied to their participation in criminal United States, the prosecutorial system operates as proceedings as representatives of the state. an independent body responsible for ensuring Similarly, in the legal systems of the United States criminal justice, with its authority recognized as and England, prosecutorial authorities are exceptionally broad in both legal literature and regarded as part of the criminal justice system, judicial practice. operating independently from courts and law enforcement agencies. 2. Prosecutorial Authorities as Executive Bodies The concept of prosecutorial authorities as judicial Prosecutorial authorities are also viewed as bodies is not necessarily linked to the judiciary executive bodies responsible for law enforcement, itself but rather to the achievement of justice and particularly in investigating legal violations, the maintenance of the rule of law. This role primarily criminal offenses. It has been noted in the primarily involves investigating criminal cases and legal practices and literature of many European defending the interests of the state and society in countries that the activities of prosecutorial court, culminating in actions aimed at ensuring authorities as both judicial and executive bodies justice. are not mutually exclusive. For example, in Germany, prosecutorial authorities are considered When examining the interaction between judicial bodies but operate within the executive prosecutorial systems and judicial authorities branch as part of the Ministry of Justice. abroad, two distinct models emerge: In countries such as Germany (and Austria and 1. Prosecutorial authorities are an integral part of Switzerland), France, the United States, and the judicial system and operate within the England, prosecutorial authorities have evolved as struc