Procureur

“ There shall be established in the City a prosecution service to be headed by a city prosecutor and such number of assistant prosecutors as may be necessary, who shall be organizationally part of the Department of Justice, and under the supervision and control of the Secretary of Justice and whose qualifications, manner of appointment, rank, salary and benefits shall be governed by existing laws covering prosecutors in the Department of Justice. ”

“ If, in reviewing a case, a people's procuratorate deems it necessary to carry out a second inquest or examination, the people's procuratorate may request the public security organ that conducted the inquest or examination to do so, and may send procurators to participate in the second inquest or examination. ”

“ Crimes of whatever sort, except police offences, are as a rule subjected to preliminary examination before actual trial. When, however, the charge is perfectly clear of doubt, the procurators ask for an immediate trial in the case of minor crimes. The conducting of criminal cases, from the very beginning down to the execution of the criminal, if he be condemned to suffer death, rests with the procurator, who unites in his own person the functions of public prosecutor and of grand jury. ”

“ It is our good fortune to live under a mild Government; to live in days when there is no danger to be apprehended from the conduct of the public prosecutor; but worse times may arrive, and it is for your Lordships to reflect upon what use might then be made of the present practice if your Lordships were to allow it to be now introduced. The public prosecutor may, for example, libel upon a watch, and the Clerk of Court may show one watch in the Justiciary Office to the prisoner’s counsel or agent, and against the day of trial may produce another in Court. ”

“ Should a public prosecutor find that the institution of a criminal case would not be in the interest of the public or would have an effect on the safety or security of the Nation or on an important benefit of the Country, he shall submit the matter to the Attorney General, and the Attorney General shall have the power to order that the institution of the case be withheld. ”

“ Use of Civilian Employees to Advise Less Experienced Judge Advocates in Prosecution and Defense.— The Secretary concerned may use highly qualified experts and other civilian employees who are under the jurisdiction of the Secretary concerned, are available, and are experienced in the prosecution or defense of complex criminal cases to provide assistance to, and consult with, less experienced judge advocates throughout the court-martial process.". ”

“ Trial counsel and defense counsel shall be detailed for each general and special court-martial. Assistant trial counsel and assistant and associate defense counsel may be detailed for each general and special court-martial. The Secretary concerned shall prescribe regulations providing for the manner in which counsel are detailed for such courts-martial and for the persons who are authorized to detail counsel for such courts-martial. ”

“ The officer who convenes the court-martial also has final authority to determine whether charges will be brought in the first place, and to pick the board of inquiry, the prosecutor, the defense counsel, and the law officer who serves as legal adviser to the court-martial. ”

“ When a people's procuratorate believes that the facts of a crime have been ascertained, that the evidence is reliable and sufficient, and that criminal responsibility should be investigated according to the law, it shall make a decision to prosecute and shall bring a public prosecution in a people's court in accordance with the provisions for trial jurisdiction and transfer the case file and evidence to the people's court. ”

“ Any officer is disqualified to sit as a member who has convened the court, who is the prosecutor or a witness for the prosecution, who has made the preliminary inquiry into the facts, who is the prisoner’s commanding officer, or who has a personal interest in the case. ”

“ Any citizen possessing evidence of the wrongful use of house or premises, may apply to the police, and the magistrate, on complaint of the Procurator-Fiscal, grants a search warrant, lasting thirty days, by means of which an officer of police, accompanied always by an entirely independent witness, may at any time enter such place, and carry off persons or things in evidence. The complaint of the citizen must be the first step in the proceedings. ”

“ The Judge-Advocate attends every trial and coaches the Court in everything, from the etiquette of taking off your cap when you are taking the oath to the duty of rejecting "hearsay." He never prosecutes—that is always the task of some officer specially assigned for the purpose—but he may "sum up." ”

“ Where a hearing is held in the course of an inquiry, the appellant shall have the right to appear by a serving member of a police force or by counsel or a solicitor; and the respondent shall have the right to appear by an officer of the police force or by the clerk or other officer of the police authority or by counsel a solicitor. ”

“ If the witness or the document is within the area controlled by the occupation authorities, the General Secretary shall, if the Tribunal is not in session, communicate the application to the Chief Prosecutors and, if they make no objection, the General Secretary shall issue a summons for the attendance of such witness or the production of such documents, informing the Tribunal of the action taken. ”

“ A person to be qualified for the post of public prosecutor must be a barrister or solicitor of not less than ten years' standing, and an assistant public prosecutor, who may be appointed under the act of 1908 and who is empowered to do any act or thing which the public prosecutor is required or authorized to do, must be a barrister or solicitor of not less than seven years' standing. ”

“ A people's court, people's procuratorate or public security organ shall, within the scope of its jurisdiction, promptly examine the materials provided by a reporter, complainant or informant and the confession of an offender who has voluntarily surrendered himself. ”

“ The District Attorney asked every man present—League operatives, agents of the Department of Justice, deputy United States Marshals, and local police detectives who had been assigned to the work, to set their watches with his. At 8:30 o’clock prompt, the search, under due warrant of law, was made in all parts of the city, and the papers and documents which were brought to the office of the United States Attorney made it impossible forever after for The People’s Council to carry on its nefarious activities. ”

“ Whenever the head of a department or bureau gives the attorney general due notice that the interests of the United States require the service of counsel upon the examination of witnesses touching any claim, or upon the legal investigation of any claim, pending in such department or bureau, the attorney general shall provide for such service. ”

“ If a defender or an agent ad litem believes that a public security organ, people's procuratorate or people's court, or any of its staff members obstructs the defender or agent ad litem from exercising his procedural rights in accordance with law, the defender or agent ad litem is entitled to lodge a complaint or bring an accusation with the people's procuratorate at the same or next higher level. ”

“ In this regard, the public prosecutor shall become a senior administrative or police official and have the powers and duties according to the Criminal Procedure Code, by virtue of which he may participate with a police officer or other officer in making, or may request a police officer or other officer to make, a search, arrest, or detention. ”

“ Public security organs shall be responsible for investigation, making arrest, execution of detention and preliminary inquiry in criminal cases. People's procuratorates shall be responsible for procuratorial work, including authorizing approval of detention, conducting investigation of cases directly accepted by people's procuratoriates, and bringing public prosecutions. People's courts shall be responsible for adjudication. ”

“ No officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency in any case shall, in that or a factually related case, participate or advise in the decision, recommended decision, or agency review pursuant to section 8 except as witness or counsel in public proceedings. ”

“ The constable who assists in protecting game and in guarding the landlords and their farmers against trespassers, undoubtedly acquires a great deal of influence over the bench in many districts. The country justices, as a rule, know nothing of the law, and are obliged to rely on the advice of the clerk of the court, who is often a solicitor of some position, and probably acts as private solicitor to one or more of the magistrates. ”

“ At the present time the official prosecutor himself is the only person to whom one charged with a criminal offence can turn with any hope of relief from his own lawyer, and if the number of cases were known where the prosecutor has befriended the prosecuted the eyes of jurors and of the public would be opened to the real spirit which animates a fair-minded district attorney. ”

“ The probation officer is present at the judge’s side when he decides a case, and is given charge of the offender, whom he takes by the hand, either at his parent’s residence or at school, and continually supervises, having power if necessary to bring him again before the judge. ”

“ An important part of the prosecutor general's responsibilities consists of supervising the activities of the courts to ensure the uniform application of the law. Prosecutors on the judet level have a consultative vote in the meetings of local government agencies when important legal questions are being decided. The prosecutor general participates in those plenary sessions of the Supreme Court at which guidance decisions are made. In the event the prosecutor does not agree with a decision, he may appeal to the county people's council or to its executive committee for a review of the decision. ”

“ Every three months an assize is held in each department, usually at the chief town, by a conseiller, appointed ad hoc, of the court of appeal upon which the department depends. The cour d’assises occupies itself entirely with offences of the most serious type, classified under the penal code as crimes, in accordance with the severity of the penalties attached. The president is assisted in his duties by two other magistrates, who may be chosen either from among the conseillers of the court of appeal or the presidents or judges of the local court of first instance. ”

“ Supervision of judicial services and public prosecutors with regard to their administrative duties shall be carried out by the Ministry of Justice through judiciary inspectors and internal auditors who are from the profession of judge and public prosecutor, and inquiry, inspection and investigation proceedings through judiciary inspectors. Relating procedures and principles shall be regulated by law. ”

“ This witness was cross-examined by the Judge Advocate, who, it is known, combines in his own person the office of prosecutor on the part of the United States and counsel for the prisoner, or rather, if he be honest, he acts as impartial inquirer and arbiter between the two. ”

“ Attached to the office of every official who may be called upon to try criminal cases is a law expert, to whom the judge or magistrate may refer, when he has any doubt, in private, just as our unpaid justices of the peace in England refer for guidance to the qualified official attached to the court. ”

“ Provided always, That in case the prosecutors or plaintiffs, or defendants, their attorneys or agents, shall neglect or refuse to attend the officer at the time fixed for striking the names of twenty-four persons as aforesaid, or nominate the persons to be struck out, then, and in such case, the said officer shall, and he is hereby required to strike out the names of such number of the said persons as such prosecutors or plaintiffs, or defendants, might have nominated to be struck out. ”

“ A people's court, people's procuratorate and detention house shall inform a criminal suspect or defendant of his right to meet with a duty lawyer, and shall facilitate the criminal suspect or defendant in meeting with a duty lawyer. ”

“ Every attorney or counselor who is specially retained under the authority of the department of justice, to assist in the trial of any case in which the government is interested, shall receive a commission from the head of such department, as a special assistant to the attorney general, or to some one of the district attorneys, as the nature of the appointment may require ”

“ The usage of the officers employed in the various details of the operations of the department, when acting within the line of their duty, as prescribed by law and regulations; become all important to a court and jury in deciding on what is legal diligence in giving notice or what is evidence of its reception. ”

“ Thereupon such court, judge, or commissioner shall issue his warrant for the arrest of the person so complained of, directed to the marshal of the United States for the appropriate district, or in his discretion to any person, being a citizen of the United States, whom he may specially depute for the purpose, requiring such person to be brought before him for examination at a certain time and place. ”

“ A judge may sit for one term in the equity court, then in the criminal branch, and next in a court en banc. All the time there is only one office of record, one clerk of the court, with as many deputies as may be found necessary. ”

“ The public prosecutor and the defense counsel have the right to put pertinent questions to the witnesses and to the experts, which the judge must permit in accordance with the regulations within the framework of the code of criminal procedure. ”