role of prosecution in criminal justice system in pakistan

He has a hand in virtually every decision made in the legal course of every case that comes before the criminal courts. It describes the status of criminology in Pakistan by putting it into the context of socio-economic situation. Sadly, Pakistan’s progression concerning the justice system has not been full-fledged. Role of Police in Developing. Effective prosecution in criminal cases not only ensures timely dispensation of justice but also contributes towards forestalling recurrence of crime in society. He is also tasked to observe the interviews of potential witnesses (American Prosecutors Research Institute, National Center for the Prosecution of Child Abuse, 2003, p. 96). Criminal Justice System of Pakistan. The Ministry of Justice (MOJ) has responsibility for different parts of the justice system – the courts, prisons, probation services and attendance centres. It must be noted that the concept of judicature is often confused with the term judiciary; while judicature means the administration of justice, the judiciary is the system of courts in a country[2]. The knowledge gap qua justice sector is acute. Such assumptions, though based on justifiable data, can easily lead you to the wrong person. Likewise, with some variations, the KP Prosecution Service (Constitution, Functions and Powers) Act, 2005 and the Baluchistan Prosecution Service (Constitution, Functions and Powers) Act, 2003 establish prosecution organizations in KP and Baluchistan. Outcomes. The consequences … If any prosecutor or law officer confesses or concedes regarding lack of evidence in any case before the court then his honesty and integrity is doubted and challenged in Pakistan, where as in civilised countries, the prosecutor has full authority to charge or discharge the culprits after perusing the investigation file and he is not doubted by his high ups or by the society. Historically, it was part of police organizations. Criminal Justice System starts with the Police or Investigating agency in almost all civilized societies of the world. PILLARS. Based on the US pedagogical practice, the criminal justice system of Pakistan may be divided into five components: (i) Police, (ii) Prosecution, (iii) Courts; (iv) Prisons, and (v) Corrections. The organization and functions of prosecution departments are governed by separate provincial laws. All the accused individuals have to be produced before them within twenty-four hours in accordance with the Constitution (Article 10). Because they choose who to charge, what to charge them with, and the number and severity of the charges, prosecutors heavily influence the short and long-term outcomes of the people impacted by the system. Criminal Law and Penal Code of Pakistan. Given the gravity of internal security challenges, the Pakistan Peoples Party (PPP)-led government in Islamabad, and the four provincial governments should make the reform of an anarchic criminal justice sector a top domestic priority. 1. Corruption Studies. Criminal Investigation. The United States has what is known as an “adversarial judicial system” – in other words, criminal cases are contests between two opposing sides, the prosecution and the defense, which ensures that evidence and legal arguments will be fairly presented to the court by both sides. A point of departure can be a brief elucidation of the criminal justice system, which this overview will try to provide in topical manner. The courts that deal with criminal matters are magistrate and sessions courts. [8] Siegel, Larry J, Criminology-Theories, Patterns and Typologies, 9th Edition, page 4. Its work spans criminal, civil and family justice, democracy, rights and the constitution. The constitution of a country constitutes its basic organs i.e. 6:38 . the legislature, executive and judicature. Should licenses be granted to hunt Markhors? Prosecution is an integral part of the criminal justice system. The ineffectiveness of Pakistan’s criminal justice system has serious repercussions for domestic, regional and international security. We are represented on numerous committees and working groups aimed at bringing criminal justice system stakeholders together to identify and implement improvements. Each component has its own functions, organization, budget, working and legal framework. 2709, regarding the exclusion of an accused to be utilized as a government witness; and Act No. Who Decides? The primary institutions of the criminal justice system are the police, prosecution and defense lawyers, the … As Pakistan is a Federation, its constitution provides for executive, legislature and judicature[1] at both federal and provincial levels. Worldwide, the courts, prosecution service and police are considered constituents of the criminal justice system. In Pakistan, insofar as the organizational aspect is concerned, each province has its own police organization, like the Punjab Police, Sindh Police, KP Police and Baluchistan Police. In United State of America the director of prosecution office may be known by any of several names from state to state like Attorney General District Attorney and United State Attorney etc. Criminal justice is the delivery of justice to those who have committed crimes.The criminal justice system is a series of government agencies and institutions. Mr. Kamran Adil is a Visiting Research Fellow at the Research Society of International Law. Federal Investigation Agency, Pakistan. Their important powers include accepting or rejecting cases, making decisions about dismissing charges, or moving cases to disposition and recommending a sentence--all of which can critically affect not only individuals but society through their ability to shape our criminal justice system. The decisions of honourable courts to be discussed in evening shows held at TVs, nationally and internationally. In all criminal justice systems, public prosecutors: − decide whether to initiate or continue prosecutions; − conduct prosecutions before the courts; − may appeal or conduct appeals concerning all or some court decisions. Thus, matters pertaining to administration and financial control of the prosecution service are within the purview of the provincial government. The knowledge gap qua justice sector is acute. The international community has acknowledged the importance of the function of the official prosecutor in, for example, the 1990 UN Guidelines on the role of prosecutors and in the 2000 Council of Europe Recommendation on the role of public prosecution in the criminal justice system . 2886, changing the name of the party who should prosecute the criminal action from that of “The The prison departments in Pakistan also contain corrections facilities that are aimed at providing skills to the prisoners so that they can rehabilitate themselves in society upon their return. The major and important deficiencies and weaknesses of the criminal justice system of Pakistan are accurate reporting of crime to the police, malpractices during litigation, delayed submission of challans to the courts by public prosecutors, lopsided and long duration of trials where the accused is considered to be the favourite child of the court, overcrowding of jails due to a large number of under … In Pakistan, the media has also assumed a unique role in our criminal justice system. The US has a rich tradition in the production of Criminal Justice knowledge, and offers distinct degree programmes. Following the example of the UK where the UK Crown Prosecution Service (CPS) was founded in 1986, the prosecution was separated for the first time from police organizations in 1986, but the arrangement was reversed in 1991. Forensic Science in Criminology. 2nd Semester. The total number of police personnel in Pakistan is about half a million. the victim and the defendant. UAE investing in regional vacuum since 2011: Report. (2) The Prosecutor General or if so authorized by him, an Additional Prosecutor General shall distribute work to the Prosecutors in the Supreme Court, the High 2709, regarding the exclusion of an accused to be utilized as a government witness; and Act No. The ACT Office of the Director of Public Prosecutions (ODPP) has responsibility for prosecuting cases of all alleged criminal offences in the courts.. Once police decide there is sufficient evidence to proceed, the person alleged to have committed the offence, the 'accused' has to appear before the court. "Prosecutors have a powerful and generally little-understood role in the criminal justice system. The following paper, the criminal justice system in Pakistan, 1973 assumptions though! In special courts is different in Pakistan, 1973 should be strictly separated from functions! Prosecution: ( 1 ) the prosecutors to prove the accused individuals have to be utilized a! 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