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Under different legal systems, the tasks of prosecutors are also different, but their tasks are no more than the following:
Conduct investigations. Prosecutors are usually the leaders of the investigative process, after which they can decide in accordance with the law whether to prosecute, defer prosecution (not every legal system has such a system) or not to prosecute. Therefore, the prosecutor has the function of screening leaks and is the gatekeeper of the case to the criminal trial process.
Since the investigation is the source of the criminal trial process, the outcome of the investigation will affect the correctness of the trial, and the prosecutor also has a great responsibility for this.
Initiating a public prosecution. Since criminal proceedings mostly adopt the principle of no prosecution and no judgment, if no prosecutor initiates a public prosecution, the case cannot be carried out, and the guilty verdict must come from the prosecution of the prosecutor, and the correctness and prudence of the judgment can be ensured by passing through two thresholds.
Conduct public prosecutions. The prosecutor is required to appear in court on the trial date and to present the pleadings and evidence to convince the judge that the defendant is sufficiently guilty of a crime. In investigating evidence, the prosecutor also has an obligation to assist the court in discovering the truth and cooperating to prove it.
Assist and act as private prosecutors.
In addition to initiating and prosecuting public prosecutions, procurators may also appear in court to state their opinions in private prosecution cases under the legal system of adopting a dual-track system of public prosecution and private prosecution, or may assume the status of private prosecutor when the private prosecutor is incapacitated or dies and there is no one to bear the private prosecution.
Filing for relief. Since the prosecutor is one of the parties under the prosecution system, he can file a remedy against the ruling, appeal or appeal against an illegal or improper ruling, and file a retrial or extraordinary appeal against a judgment that has already been determined. Command execution.
The prosecutor is also usually the authority that directs the enforcement of criminal decisions.
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Duties of the Prosecutor:
1) Conduct legal supervision work in accordance with law;
2) Representing the State in public prosecutions;
3) Conduct investigations of criminal cases that are directly accepted by the people's procuratorate as provided by law;
4) Other duties provided for by law.
In addition to performing procuratorial duties, chief procurators, deputy chief procurators, and members of procuratorial committees shall also perform duties appropriate to their duties.
Legal basis: Procurators Law of the People's Republic of China
Article 6: Duties of procurators:
1) Conduct legal supervision work in accordance with law;
2) Representing the State in public prosecutions;
3) Conduct investigations of criminal cases that are directly accepted by the people's procuratorate as provided by law;
4) Other duties provided for by law.
Article 7: In addition to performing procuratorial duties, chief procurators, deputy chief procurators, and members of the procuratorial committee shall also perform duties appropriate to their positions.
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Legal analysis: Procurators are procurators who exercise state procuratorial power in accordance with law: (1) conduct legal supervision work in accordance with law; 2) Representing the State in public prosecutions; 3) Conduct investigations of criminal cases that are directly accepted by the people's procuratorate as provided by law; 4) Other duties provided for by law.
Legal basis: Article 6 of the "Procurators Law of the People's Republic of China" The duties of procurators: (1) Conduct legal supervision work in accordance with law; 2) Representing the State in public prosecutions; 3) Conduct investigations of criminal cases that are directly accepted by the people's procuratorate as provided by law; 4) Other duties provided for by law.
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1) Conduct legal supervision work in accordance with law;
2) Representing the State in public prosecutions;
3) Conduct investigations of criminal cases that are directly accepted by the people's procuratorate as provided by law;
4) Other duties provided for by law.
Legal basis] Article 7 of the Procurators Law, the duties of procurators are: (1) to investigate criminal cases that are directly accepted by the people's procuratorate as prescribed by law; (2) Conducting review for arrest and prosecution of criminal cases, and conducting public prosecutions on behalf of the state; (3) Carry out public interest litigation work; (4) Carry out supervision of criminal, civil, and administrative litigation activities; (5) Other duties provided for by law. The Prosecutor is responsible for decisions taken on cases within his or her competence.
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Hello, the duties of the people's procurators in our country include, in accordance with the provisions of the Procurators Law of our country, including: investigating criminal cases directly accepted by the people's procuratorate and the people's procuratorate as prescribed by law; Conduct reviews for arrest and prosecution of criminal cases, and prosecute on behalf of the state; carrying out public interest litigation work; Carry out supervision of criminal, civil, and administrative litigation activities, as well as other duties as provided for in the law. Legal basis:
Article 7 of the Procurators Law of the People's Republic of China.
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The main tasks of prosecutors are: investigating the lack of evidence in the collection of materials, formulating indictments, appearing in court to defend, protecting the rights and interests of victims, and promoting the development of the judicial system.
1. Investigate and collect evidence.
As a prosecutor, the most important thing is to understand the details and context of each case. This requires prosecutors to carefully investigate and collect evidence to be conclusive. This evidence can be obtained from a variety of sources, including interviewing witnesses, reviewing records, and more.
The investigation stage is an important part of the case handling and plays a key role in the trial and resolution of the case.
2. Formulate an indictment.
When prosecutors have gathered enough evidence, they need to review the case to decide if there is enough evidence to charge the defendant. If a decision is made to initiate proceedings, the prosecutor will need to draft an indictment that is clear and unambiguous to ensure that there are no loopholes or flaws at the trial stage.
3. Appear in court to defend.
In addition to serving as prosecutors, some prosecutors are also responsible for defending in court. For these prosecutors, they need to prove that the defendant has sufficient evidence of the charges and argue the arguments and details at trial. At the same time, they need to hear the testimony of the accused and witnesses and dispel doubts in the relevant evidence.
4. Protect the rights and interests of victims.
Prosecutors are not only responsible for prosecuting criminals, but also for protecting the interests and rights of victims. For victims, prosecutors need to contact them in a timely manner to help them understand the process of the proceedings and ensure that the victims are reasonably protected throughout the proceedings.
5. Promote the development of the judicial system.
In addition to completing case-specific work, prosecutors also need to promote the reform and development of the judicial system. They need to delve into cases and phenomena, assess the efficiency and fairness of the justice system, and develop relevant policies and regulations.
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