The Function of Prosecutors
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- Last updated：2021-01-08
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The prosecutor shall conduct investigation, whenever a criminal case arises. According to Article 228, the Code of Criminal Procedure, if a prosecutor, based on complaint, information , or voluntary surrender, or for any other reason , suspects the crime having been committed, he/she shall immediately commence an investigation of the crime and the relevant evidence. After completion of the investigation, unless initiating a public prosecution according to laws, the prosecutor shall make any one of the following dispositions:
If evidence obtained by a prosecutor as a result of investigation is sufficient to show that the suspect has committed the crime, the prosecutor shall instigate public prosecution and prepare the filing of an indictment with the court.
After instigating public prosecution on behalf of the State, acting as the accuser, the prosecutor takes action against the accused in the court responsible for trial. For example, he/she shall appear in court on the day of the hearing, state the essential points of the prosecution after the court on the day of the hearing, state the essential points of the prosecution after the court in quires the accused, express opinions after the court investigates evidence and make an appeal immediately if the judgement by the court is considered improper.
Assisting in private prosecution
According to the Code of Criminal Procedure, a person who is injured by the commission of crime may initiate a private prosecution if he/she has legal capacity.
But if he/she is a person without or with limited legal capacity or dead, his/her statutory agent, lineal ascendant, or spouse may initiate private prosecution. If proper assistance is not rendered to those people ignorant of laws or legal proceedings, who are initiation private complainants are as a result not substantially protected. Thus, regarding those cases of private prosecution notified with the date of hearing by the court, the prosecutor shall render his/her assistance by expressing opinions if he/she has factual or legal opinions or thinks the case is seriously concerned with the legal interest of the State or society.
Taking charge of private prosecution
If a complainant, after initiating his/her private prosecution, is found hesitating or unable to proceed or withdraws his/her private prosecution because of correction or inducement by the accused, and the consequence is serious, the prosecutor shall take charge of the private prosecution, if necessary, except cases which may be initiated only upon complaint. In accordance with the laws, the prosecution in one of the following circumstances: