Prosecutor

The prosecutor is the chief legal representative of the prosecution in countries adopting the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case against an individual suspected of breaking the law in a criminal trial.

Civil law countries

Prosecutors are typically civil servants who possess a university degree in law and additional training in the administration of justice. In some countries, such as France, they belong to the same corps of civil servants as the judges.

Related Topics:
Civil servant - University degree - France

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In France, the prosecutor, or procureur (or procureur général in a Appeal Court or the Court of Cassation) is assisted by deputies (substituts). He opens preliminary enquiries, and if necessary asks for the nomination of an investigating magistrate to lead a judiciary information. In the case of an information led by a judge, the prosecutor does not lead the enquiries, but simply lays down the scope of the crimes that the judge and law enforcement forces investigate upon; he may, like defense attorneys, request or suggest further enquiries.

Related Topics:
France - Appeal Court - Court of Cassation - Preliminary enquiries - Investigating magistrate - Judiciary information

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During a criminal trial, the prosecutor has to lay the case in front of the trier of fact (judges or jury). He generally suggests a certain sentence, which the court has no obligation to follow — the court may decide on a higher or lower sentence. The procureur has also some other duties regarding more generally the administration of justice.

Related Topics:
Criminal trial - Judges - Jury

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