The sexual abuse of children is becoming an increased tendency in South Africa. Sexual abuse of children is therefore one of the most difficult issues to prove in a court of law because there are usually only two witnesses: the child and the alleged offender. The child’s testimony is the most important and most often the only evidence of a crime that has been committed. The overwhelming result of sexual abuse in children is the experience of loss and powerlessness. The judicial process can aggravate the child’s feeling of loss and helplessness or be part of the healing process by empowering his/her self-esteem. The trial allows the child the opportunity to experience that justice had been served, but this can only happen when the child has been supported during the court procedure and treated with respect and dignity. Public prosecutors are the people who represent the complainant’s case in court on behalf of the State. It is therefor of utmost importance that public prosecutors and magistrates dispose of the necessary knowledge of the child as witness in court to ensure that the course of the legal process is in the best interest of the child. The foundings of this study proved that the knowledge base of public prosecutors and magistrates inadequate is in many ways. Recommendations were made in anticipation of an improved knowledge base for public prosecutors and magistrates. / Thesis (M.A. (MW))--North-West University, Potchefstroom Campus, 2012

The sexual abuse of children is becoming an increased tendency in South Africa. Sexual abuse of children is therefore one of the most difficult issues to prove in a court of law because there are usually only two witnesses: the child and the alleged offender. The child’s testimony is the most important and most often the only evidence of a crime that has been committed. The overwhelming result of sexual abuse in children is the experience of loss and powerlessness. The judicial process can aggravate the child’s feeling of loss and helplessness or be part of the healing process by empowering his/her self-esteem. The trial allows the child the opportunity to experience that justice had been served, but this can only happen when the child has been supported during the court procedure and treated with respect and dignity. Public prosecutors are the people who represent the complainant’s case in court on behalf of the State. It is therefor of utmost importance that public prosecutors and magistrates dispose of the necessary knowledge of the child as witness in court to ensure that the course of the legal process is in the best interest of the child. The foundings of this study proved that the knowledge base of public prosecutors and magistrates inadequate is in many ways. Recommendations were made in anticipation of an improved knowledge base for public prosecutors and magistrates. / Thesis (M.A. (MW))--North-West University, Potchefstroom Campus, 2012

The role of public prosecutor in the preparatory criminal proceedings The thesis on The role of public prosecutor in the preparatory criminal proceedings attempts to comprehensively analyse the role and activities of the public prosecutor in the criminal proceedings. The public prosecutor is the significant subject and also the party in the criminal proceedings. His role in the criminal proceedings is irreplaceable and he is able to fundamentally affect the preparatory criminal proceedings through his activities. It depends on him whether the accused will be bring to court or the case will be already terminated in the preparatory criminal proceedings. The paper is dividend into four chapters. The first chapter outlines the historical development of the public accusation in the Czech lands from the the beginning until the present. As the thesis deals with the role of public prosecutor in the preparatory criminal proceedings, so the second chapter deals with the preparatory criminal proceedings and it describes its aim, kinds, periods and functions. The third chapter deals with the role and the competence of the public prosecution in the Czech legal system. There are defined basic principles and rules of the activities of the individual public prosecutors. The fourth chapter represent the very core of...

The Role of the Public Prosecutor in the Court Proceedings Abstract The purpose of this thesis is to comprehensively analyze issue of the public prosecutor and its role, especially in the court proceedings. The reason for my research is my personal interest regarding criminal law and problematics of the public prosecutors in general, as well as, in my opinion, the great importance of such topic, especially in the context of a long-term expert discussion on the considered conceptual changes of the relevant Czech legislation - the Criminal Procedure and the Public Prosecution Act. The thesis is composed of four major chapters, each of them dealing with different aspects of role of the public prosecutors. Chapter One is introductory and defines basic terminology used in the thesis and further the historical development and transformation of bodies of public action in two different legal systems - common law and civil law. Chapter Two provides an outline of Czech, French, English and Welsh, U.S. and international bodies of the public action, their placement in the system of national legal systems, organization and scope of activities. Also describes the issues regarding proposals to the new Czech Public Prosecution Act. Chapter Three examines relevant Czech legislation regarding public prosecutor and its role...

1 Abstract The aim of this Diploma thesis is to analyse in the most comprehensive way the status, authority and operation of the Public Prosecutor in Preparatory Criminal Proceedings as well as related disputable issues. The investigation of all criminal offenses, the prosecution of persons who have committed them and the supervision over the compliance with the law in the pre-trial proceedings are the core competencies of the prosecutor throughout the criminal proceedings. A public prosecutor, also known as dominus litis or "master of preliminary criminal proceedings", is responsible for the results of the preparatory criminal proceedings, and it is he who puts forward the accusation to court or decides to terminate the prosecution in the preliminary criminal proceedings. The thesis is divided into five main parts which logically follow and are interconnected. The first part is dedicated to the history of the institute of public prosecution, whose current form has been shaped by years of evolution. In the second part, the reader is broadly acquainted with the Public Prosecutor's office. The main points of this part are the disputable constitutional delimitation, the transformation of the Public Prosecutor's office after the dissolution of Czechoslovakia, the current structure, its administration and...

The public prosecutor in a pre-trial criminal proceedings Abstract The Diploma thesis is concerned with the role of a Public Prosecutor in pre-trial criminal proceedings. The opening part of the thesis introduces the Public Prosecutor's office as a system of authorities of a state, which is established to defend a public interest in criminal proceedings. In this part of the Diploma thesis deals with the scope of authority of the Public Prosecutor's office, the framework of the Public Prosecutor's office and with the questionable issues of the position of the Public Prosecutor's office according to the Constitution of the Czech Republic and the independence of the Public Prosecutor's office. The opening part of the thesis also covers a brief definition of the term the pre-trial criminal proceedings since the core of the activity of the Public Prosecutor lies in this stage of criminal proceedings. The following parts of the thesis are dedicated to a detailed analysis of a role of a Public Prosecutor in pre-trial criminal proceedings based on the valid legislation of the Czech Republic. First, the author deals with general issues of the role of Public Prosecutor in pre-trial criminal proceedings. The Public Prosecutor performs a supervision in pre-trial criminal proceedins. The supervision in preparatory...

Submitted by Clebson Anjos (clebson.leandro54@gmail.com) on 2016-02-01T23:15:13Z No. of bitstreams: 1 arquivototal.pdf: 970796 bytes, checksum: d3d1c48bcd85a75d1440bb08001468dc (MD5) / Made available in DSpace on 2016-02-01T23:15:13Z (GMT). No. of bitstreams: 1 arquivototal.pdf: 970796 bytes, checksum: d3d1c48bcd85a75d1440bb08001468dc (MD5) Previous issue date: 2014-08-18 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES / This study examines the occurrence of corruption in Brazil and the role of the State Public Prosecutor aiming at its combat, from 1988 to the present day (2014). The research conducted an investigation of the origin, formation and expressions of corruption in national public stage, beyond the historical reconstruction through theoretical and descriptive method. Aiming identify the mechanisms to combat corruption, was shown how the national democratic state based on rule of law is structured. It was pointed out the importance of citizenship as a powerful tool in fighting against this phenomenon. At the end of this demarche, the research analyzed the institution of the State Public Prosecutor and its performance fighting against corruption. Indeed, was shown that several paths can be traced to building an effective fight against this evil, so present in our societal context. Thus, this dissertation has the main objective to study the performance of the Brazilian State Public Prosecutor to fight against corruption and understand how this institution has worked and performed its prerogatives and functions effectively. Here, in brief, the nature, content and purpose of this research work. / O estudo analisa o fenômeno da corrupção no Brasil e a atuação do Ministério Público nacional visando o seu combate, no período de 1988 até os dias atuais (2014). Realizou-se uma investigação sobre a origem, constituição e formas de expressão da corrupção no cenário público nacional, além da reconstrução histórica do fenômeno através do método teórico-descritivo. Com o fito de identificar os mecanismos de combate à corrupção, foi demonstrado como se estrutura o Estado Democrático de Direito nacional. Foi destacada a importância da cidadania como forte instrumento no combate ao fenômeno. Ao fim da démarche, analisou-se a instituição do Ministério Público e sua atuação no combate à corrupção. Com efeito, foram demonstrados que vários são os caminhos que podem ser trilhados para a construção de uma luta eficaz contra este mal, tão presente em nosso contexto societário. Nesse sentido, a dissertação tem por objetivo principal estudar a atuação do Órgão do Ministério Público brasileiro no combate à corrupção, além de verificar como essa Instituição tem atuado e se tem realizado suas prerrogativas de forma diligente. Eis, em resumo, a natureza, o conteúdo e a finalidade desse trabalho de investigação.

The thesis deals with the supervisory and controlling activities of the public prosecutor against a background of the historical developments since 1948 up to the present day in Czechoslovakia and its successor states. It focuses on the key changes that have taken place within the public prosecution institutions and depicts the specific forms these bodies have taken along the years. Subsequently it points out the most recent forms of the public prosecution authorities performing in the Czech and Slovak republics and compares them. The thesis marginally looks at the discussions accompanying the adoption of a new public prosecution law and it maps their course so far. While compiling the thesis, analytical, historical and comparative methods were being used, with the thesis relying prevailingly on books, legal regulations and technical papers as sources of information. Having processed all the background materials and having carried out a subsequent comparison within the framework of the historical developments since 1948 along with a comparison of the Czech and Slovak republics, I have eventually arrived at a conclusion that the notions of supervising and controlling are not interchangeable and that the goal of the thesis, which consisted in their delimitation and mutual differentiation in the first place, has been reached.

The title of this diploma thesis is "The Role of a Public Prosecutor in Criminal Proceedings". In the Czech Republic, it is Public Prosecution that is granted the right by the Constitution to prosecute criminal offenses on behalf of the country. Activities arising from this right are the main duties of a public prosecutor. The aim of this thesis is therefore to describe said activities. It is done so chronologically with regard to the different phases of criminal proceedings. Other goals include trying to find problematic areas of the laws that govern public prosecutors, trying to come up with possible reasons behind them and proposing their solutions. This thesis also contains comments on some of the recent changes in the rules governing public prosecution. The first chapter of this thesis contains a brief history and evolution of public prosecution in Central Europe and in the Czech lands as the author believes it is a very useful introduction to public prosecution and its role in criminal proceedings today. Chapter two of this thesis deals with the laws governing public prosecution. First, the Constitution is mentioned including its article 80 and its problematic placement within the Constitution. The author then talks about other significant laws from which all duties of public prosecution...

A l’heure où l’institution judiciaire est placée au coeur des débats de société, le statut et le rôle du parquet apparaissent comme des questions centrales de la réforme de la justice. Injonctions de la Cour européenne des droits de l’Homme, incohérences du modèle français: le parquet connaît une crise profonde de légitimité. Une réflexion théorique s’impose afin de construire un modèle cohérent et de donner aux représentants de la société, garants de l’intérêt général et des libertés individuelles une indiscutable légitimité. Celle-ci doit s’envisager au regard de la position du ministère public dans l’appareil d’Etat, à travers les procédures qu’il applique et les objectifs qu’il doit poursuivre. Après avoir envisagé la légitimité du ministère public au sein de l’autorité judiciaire, examiné les spécificités et les incohérences de son statut tant en droit interne que sous l’éclairage européen, il apparaît nécessaire de démontrer que ses différentes fonctions en matière pénale, civile et commerciale, font de lui un acteur indispensable de l’autorité judiciaire et complémentaire du juge, son statut ne pouvant s’envisager qu’à la mesure des missions qui lui sont confiées. / At a time in which the institutions of the judiciary are at the heart of public debate, it is apparent that the status and role of the Public Prosecutor are key issues in judicial reform. Further to rulings from the European Court of Human Rights and inconsistencies within the French model itself, the office of the Public Prosecutor in France is undergoing a profound crisis of legitimacy. A theoretical assessment appears necessary in order to produce an appropriate and coherent model giving indisputable legitimacy to those representatives of society who are to protect public interest and individual freedoms. Such legitimacy is to be considered in light of the position of the Public Prosecutor in the apparatus of State, the procedures he must follow and the objectives he must pursue. Having highlighted the lack of statutory safeguards applicable to the office of the French Public Prosecutor, and considering its legitimacy within the judiciary, it appears that by the very nature of its various criminal, civil and commercial functions, and given the tasks entrusted to it, the office of Public Prosecutor must be fulfilled by members of the judiciary who benefit, as such, from the same statutory guarantees as judges