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...

abstract: This study hypothesizes that prosecutors would be more likely to prosecute juveniles who engage in sexual activity with an underage same-sex partner than those who engage in underage sexual activity with a member of the opposite sex. To test this hypothesis, surveys were mailed to 1,000 prosecutors around the United States with a between subject design, meaning that each participant was only exposed to one condition in the vignette they read. There were a total of four vignettes, creating four conditions of different “offender” sex and “victim” sex in sexually appropriate relationships. The vignettes contain conditions in which either a male or female junior in high school was videotaped having oral sex with either a male or a female freshman in high school. Prosecutors were asked questions about whether they would prosecute the older student for statutory rape. Results indicated that manipulations of “offender” sex and “victim” sex were not statistically significant on prosecutorial discretion or punishment severity/motives; however, these manipulations did alter the prosecutors’ perceptions of the offender. / Dissertation/Thesis / Masters Thesis Criminology and Criminal Justice 2017

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.

Submitted by Milenna Moraes Figueiredo (milennasjn@gmail.com) on 2016-03-31T17:29:52Z No. of bitstreams: 1 claudete.pdf: 1088194 bytes, checksum: 3bac7f930f33dd0e37d0d15c46e3b333 (MD5) / Made available in DSpace on 2016-03-31T17:29:52Z (GMT). No. of bitstreams: 1 claudete.pdf: 1088194 bytes, checksum: 3bac7f930f33dd0e37d0d15c46e3b333 (MD5) Previous issue date: 2013 / A presente pesquisa, Idosos e o Ministério Público Estadual, agentes atuantes na comunidade rio-grandina e imprescindíveis na solidificação da educação ambiental, se insere no campo socioambiental, com objetivo de compreender as relações entre os idosos e o Ministério Público Estadual, buscando nos fundamentos da Educação Ambiental o alicerce para demonstrar a eficácia, ou não, por parte desse Agente, na resolução dos interesses dos idosos, cujo grau de solicitação e satisfação encontrase diretamente vinculado ao exercício e construção da cidadania. Assim, a total conexão homem-ambiente justifica o objeto de estudo e traduz a relevância do tema abordado. Considerando que a atuação ministerial, embora de forma não explícita, aproxima-se da perspectiva da Educação Ambiental, contribuindo com o compromisso de despertar sentimentos de respeito e alteridade, bem como auxiliar no processo de conscientização caracterizada pela ação com conhecimento, capacidade de opção e compromisso social, o presente estudo direcionou-se a investigar o contraponto dos anseios dos idosos no sentido protecionista e a atuação do agente ministerial estadual como órgão protetor. O movimento de conscientização se dá pela prática social, reflexiva, formativa e emancipadora, objetivos diretos da Educação Ambiental. A investigação se desenvolveu com base na Abordagem Bioecológica do Desenvolvimento Humano ABDH, de Urie Bronfenbrenner, associada aos princípios básicos da Análise Textual Discursiva (GALIAZZI; MORAES, 2007), cujas categorizações foram extraídas dos registros obtidos junto ao Ministério Público do Estado do Rio Grande do Sul, em especial a Promotoria dos Idosos em Rio Grande. Para tanto, analisa-se e reflete-se sobre a relação entre Idoso, Ministério Público Estadual e Educação Ambiental, tomando como objeto de estudo as decisões exaradas nos procedimentos internos da Promotoria, instaurados e já arquivados, envolvendo as diferentes áreas pontuadas pelos idosos como focos imprescindíveis de atuação. Os resultados revelam que Direito e Educação Ambiental constituem elo efetivo no sentido formativo e transformador da comunidade. As compreensões advindas do estudo permitem aferir que o acompanhamento do órgão ministerial, na solução dos impasses apontados, constitui fator reconstrutor individual e coletivo, uma vez que possibilita a solução dos conflitos e evita a instauração de futuras controvérsias, o que implica afirmar a construção de uma sociedade ambientalmente melhor. / This research, Seniors and the State Prosecutor, active agents in Rio Grande community and indispensable for the consolidation of environmental education, falls within the environmental field, in order to understand the relationship between the seniors and the State Prosecutor, seeking in the fundamentals of Environmental Education the foundation to demonstrate the effectiveness, or not, by this agent in the resolution of the interests of the elderly, whose degree of stress and satisfaction is directly linked to the exercise and construction of citizenship. Thus, the total connection man/environment justifies the object of study and reflects the relevance of the subject. Whereas the ministerial role, although not explicitly, approaches the perspective of environmental education with a commitment to helping awaken feelings of otherness and respect as well as assist in the awareness process characterized by action with knowledge, capability and the option of social commitment, the present study was directed to investigate the counterpoint of the desires of the elderly towards protectionism and the role of the state ministerial agent as protecting body. The awareness movement occurs through social, reflective, formative and emancipatory practice, direct objectives of Environmental Education. The development of this research was based on Urie Bronfenbrenner’s Theory of Human Bioecological Development TBDH, associated with the basic principles of Textual Discursive Analysis (GALIAZZI; MORAES, 2007), whose categorizations were extracted from records obtained at the Public Ministry of the State of Rio Grande do Sul, Brazil, particularly the Elderly Prosecutor in Rio Grande. This research analyzes and reflects on the relationship among Elderly, State Prosecutor and Environmental Education, taking as object of study the decisions that have been entered in the internal procedures of prosecution, initiated and already filed, involving different areas punctuated by seniors as essential foci for action. The results show that Law and Environmental Education are effective link towards a formative and transformative community. The outcomes from the study suggest that the monitoring by the ministerial body in resolving impasses are factors of individual and collective rebuilding, since it enables the solution of conflicts and prevent the arising of future controversies, which comprises the construction of an environmentally better society.

Crown selected youth diversion has received little academic attention in Canada. As a process that channels offenders out of the formal legal system, diversion purports to achieve contradictory self-serving system and offender-based goals. Using 50 randomly selected prosecution files – half of which the Crown diverted and half of which the Crown prosecuted – a mixed method investigation of diversion assesses cases through quantitative content analysis and grounded theory method. Based on the quantitative analysis, it is argued that there is an emerging patterned nature of Crown selected diversion that is not completely benign. This patterned nature of diversion unearths a distinctive discourse of diversion/non-diversion. Qualitatively, it is argued that the cases are organized around three temporal moments that create an area for distinctions to be made in terms of threat, responsibility, (in)tolerableness and recourse. Seemingly, there is a persistent paradoxical existence of the diversion process that emerges from the case files.

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.

En 1668, Louis XIV établit un conseil souverain à Tournai afin de favoriser le retour de la paix au sein des territoires annexés. Promettant originellement de conserver les usages et particularismes locaux, le monarque souhaite progressivement assimiler la cour souveraine, devenue parlement en 1686, au modèle français. L’approche envisagée permettra une réflexion sur l’histoire du ministère public flamand sous le prisme de l’un de ses « hommes », Ladislas de Baralle, procureur général de 1691 à 1714. Si l’exceptionnelle longévité de sa carrière justifie le choix de cette figure marquante, cette étude s’étend au-delà d’un simple projet prosopographique. L’activité du procureur général s’inscrit en effet au coeur d’une période de bouleversements historiques en Flandre. Ladislas de Baralle, représentant du monarque et garant de l’interprétation des textes royaux, n’en reste pas moins un fervent défenseur de la coutume héritée des Pays-Bas qu’il tente d’appliquer dans un souci d’apaisement. / The 17th and 18th centuries appear as a period of conquests and territorial changes in Europe, particularly in Flanders. In 1668, the southern part of the former Spanish Low Countries are attached to the French crown. To bring peace back in the province, Louis XIV decided to create a court for the newly conquered territories, the conseil souverain of Tournai. This sovereign court replaced the former councils of Flanders and Mons and the Great Council of Malines to judge in appeal the cases brought before the courts of the annexed territories. In 1686, the institution obtained the title of parlement to be definitely assimilated. During its first years of existence, the parlement of Flanders had to assert its particularities. Indeed, when Louis XIV created the court, he promised to keep the Flemish customs and privileges. He therefore appointed local jurists who knew them. In 1691, Ladislas de Baralle became General Procurator. He had one of the longest careers, twenty-three years of office. If today the prosecutor’s function mainly applies to litigation, his role during Ancien Régime was much larger. He embodied the King’s prerogatives and ensured the enforcement of royal legislation in the parlement’s jurisdiction. In spite of his promises, Louis XIV tried progressively to enforce “French” law and procedure in the realm while Flanders asserted its particular Coutumes and privileges. Born in Flanders but representing Louis XIV, how could Baralle balance both roles ?

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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...

As the most powerful position of the courtroom workgroup, the prosecutor plays an essential role in the criminal justice system. From the defendant's initial contact with the criminal court process when the prosecutor makes the charging decision, until sentencing when the prosecutor's recommendation guides judicial discretion, prosecutors hold the power to decide a defendant's fate. Despite the parameters that govern their ability to use discretion, the prosecutor still maintains a significant amount of power to influence crucial decisions with regard to the defendant. The current study addresses the issue of prosecutorial discretion and the ability to mishandle the powers bestowed upon such a powerful position. While prosecutorial discretion has a broad base, the study was narrowed to specifically concentrate on discretion as it impacts plea bargaining and final dispositions. Additionally, an analysis of the data looks at whether or not a defendant faces jury trial penalty for exercising his/her constitutional right to a trial by jury. A statistical comparison was constructed using data collected with respect to specific murder and sexual battery statutes over a 24-month period. Based on the statistical data provided within the study, those individuals who accepted the plea deal offered by the state faced a far less severe punishment than those who opted to go to trial.