The Role and Status of the Prosecutor’s Representative in Judicial Hearings

Abstract

An assistant prosecutor, as one of the judicial authorities of the public prosecutor’s office, is not independent vis-à-vis the prosecutor and, acting as the prosecutor’s representative, may—beyond conducting preliminary investigations in criminal cases—perform other duties of the prosecutor as well. Although the assistant prosecutor is not independent of the prosecutor and has no right to formally oppose the prosecutor’s opinion, not all decisions made by the assistant prosecutor require the prosecutor’s express opinion or approval. The lack of independence of the assistant prosecutor and the obligation to follow the prosecutor’s directives do not arise solely from, nor are they limited to, the type or nature of the duty entrusted to the assistant prosecutor. Rather, regardless of which duty the assistant prosecutor undertakes pursuant to the prosecutor’s referral, the assistant prosecutor is obligated to comply with the prosecutor’s authority. The role of the prosecutor’s representative in examining cases varies depending on the subject matter of the case, even in similar offenses. The representative reports the course of proceedings to the prosecutor, thereby keeping the prosecutor informed of developments in the case. In criminal cases, the prosecutor’s representative appears as the public claimant to supervise the correctness of the adjudicative process and to defend the enforcement of law and public rights; the representative’s presence is mandatory and serves a role comparable to that of a judge in safeguarding legal standards, rather than acting as a party to the dispute. Accordingly, the presence of the prosecutor’s representative in criminal courts is compulsory, as the representative is responsible for supervising case proceedings and the proper application of law, protecting public rights and the complainant’s claims, and submitting opinions and briefs in defense of the public interest in criminal cases. Even where there is a private complainant, the prosecutor or the prosecutor’s representative attends to ensure compliance with the law and the order of the court. Therefore, the legal basis for the representative’s presence is to guarantee the observance of justice.