Content deleted Content added
more info |
|||
Line 127:
In practice, such establishment often results in heated political debates, as new governments regularly accuse the reigning chief prosecutor of being "informally grateful" to the political opposition (i.e. the former parliamentary majority which elected him/her for a period extending multiple parliamentary cycles). In [[Hungary]], the new government created the method of "private accusing" in 2003 as a response, meaning person(s) or a private entity can directly petition the courts to hold trial against someone they feel is guilty of a crime, should the prosecutor refuse to indict him/her. If a reviewing judge agrees with the private accusing, a judge selected from another court district will hold the trial and force a prosecutor to represent the charges. Such creations may hurt the scheme of [[separation of powers]] more than they remedy problems of alleged or existing bias. In Brazil, there's a similar provision which transfers the power to prosecute to the crime victim if, '''and only if''', the prosecutor in charge of the case fails to make a decision to '''file or drop''' the charges in the deadline established by the penal procedure code. Although contested by some, this provision is often thought of as a welcomed form of public control of the prosecutor's office activities.
==Libertarian view==
[[Bruce L. Benson]]'s ''[[To Serve and Protect (book)|To Serve and Protect]]'' lauds the role of [[private prosecutor]]s, often employed by [[prosecution association]]s, in serving the needs of crime victims in England. Radical libertarian theory holds that public prosecutors should not exist, but that crimes should instead be treated as civil [[tort]]s. [[Murray Rothbard]] writes, "In a libertarian world, there would be no crimes against an ill-defined 'society,' and therefore no such person as a 'district attorney' who decides on a charge and then presses those charges against an alleged criminal."<ref>{{citation|title=The Ethics of Liberty|url=http://mises.org/rothbard/ethics/thirteen.asp|chapter=Punishment and Proportionality|author=Rothbard, Murray}}</ref>
==See also==
*[[M.E.D.E.L]] European association of judges and public prosecutors.
==References==
| |||