prosecutor

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檢察官制

檢察官制可追溯到法國中古時期封建貴族的家臣procureur,直到1789年法國大革命,徹底改造刑事訴訟制度後,具有現代雛型的檢察官制度才相應而生。1808年,拿破崙制定《拿破崙治罪法典》(Code d'Instruction Criminelle)將檢察官制度定型。

檢察官

檢察官是依法行使國家檢察權的檢察人員,包括最高人民檢察院、地方各級人民檢察院和軍事檢察院等專門人民檢察院的檢察長、副檢察長、檢察委員會委員、檢察員和助理檢察員。

緣起

隨著拿破崙的東征西討,雖然最終兵敗滑鐵盧,檢察官制度卻在歐洲各國生根。德意志諸邦在19世紀初葉亦漸次採行法國之檢察官制度,在1848年革命風潮後幾已成各邦共行之法制,隨後普法戰爭法國大敗,本學習法國法制的日本轉而學習德意志帝國的檢察官制度,中國清朝透過日本學習歐陸法制,亦采德意志立法例,制定法院編制法,引入檢察官制的先聲。中華民國1935年施行新製法院組織法及刑事訴訟法,正式採行檢察官制度。

檢察官的職責

(一)依法進行法律監督工作;
(二)代表國家進行公訴;
(三)對法律規定由人民檢察院直接受理的犯罪案件進行偵查;
(四)法律規定的其他職責

檢察官應當履行的義務

(一)嚴格遵守憲法和法律;
(二)履行職責必須以事實為根據,以法律為準繩,秉公執法,不得徇私枉法;
(三)維護國家利益、公共利益,維護自然人、法人和其他組織的合法權益;
(四)清正廉明,忠於職守,遵守紀律,恪守職業道德;
(五)保守國家秘密和檢察工作秘密;
(六)接受法律監督和人民民眾監督。

檢察官享有的權利

(一)履行檢察官職責應當具有的職權和工作條件;
(二)依法履行檢察職責不受行政機關、社會團體和個人的干涉;
(三)非因法定事由、非經法定程式,不被免職、降職、辭退或者處分;
(四)獲得勞動報酬,享受保險、福利待遇;
(五)人身、財產和住所安全受法律保護;
(六)參加培訓;
(七)提出申訴或者控告;
(八)辭職。

英文解釋

The prosecutor is the chief legal representative of the prosecution in countries with either 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.
Prosecutors are typically lawyers who possess a law degree, and are recognized as legal professionals by the court in which they intend to represent the state (that is, they have been admitted to the bar).
They usually only become involved in a criminal case once charges need to be laid or have already been. They're typically employed by an office of the government, with safeguards in place to ensure such an office can successfully pursue the prosecution of government officials. Often, multiple offices exist in a single country, due to the various legal jurisdictions that exist.
Being backed by the power of the state, prosecutors are usually subject to special professional responsibility rules, in addition to those binding all lawyers. For example, in the United States, Rule 3.8 of the ABA Model Rules of Professional Conduct requires prosecutors to "make timely disclosure to the defense of all evidence or information ... that tends to negate the guilt of the accused or mitigates the offense."
In Australia, Canada, England and Wales, Hong Kong, Northern Ireland, Southern Ireland and South Africa, the head of the prosecuting authority is typically known as the Director of Public Prosecutions, and is appointed, not elected. A DPP may be subject to varying degrees of control by the Attorney General, usually by a formal written directive which must be published.
In Australia, at least in the case of very serious matters, the DPP will be asked by the police, during the course of the investigation, to advise them on sufficiency of evidence, and may well be asked, if he or she thinks it proper, to prepare an application to the relevant court for search, listening device or telecommunications interception warrants.
More recent constitutions, such as South Africa's or Fiji's, tend to guarantee the independence and impartiality of the DPP.
In the United States, the director of any such offices may be known by any of several names depending on the legal jurisdiction.
The terms County Attorney, Prosecuting Attorney (in Michigan, Indiana, and West Virginia), County Prosecutor, State Attorney, State's Attorney, State Prosecutor, Commonwealth's Attorney (in Virginia and Kentucky), District Attorney, District Attorney General (in Tennessee), City Attorney, City Prosecutor, and Circuit Attorney (in Missouri) are all titles of prosecutors in various state courts. State prosecutor may be either appointed or elected. United States Attorneys represent the federal government in federal court, in both civil and criminal cases.
These offices shouldn't be confused with Corporation Counsel, who typically handles only civil matters involving monetary damages, and does not handle criminal prosecutions.

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