Criminal Prosecution Services of Pakistan Introduction In Pakistan, public prosecution is a provincial subject. Role of prosecutor in criminal justice administration Vidya-mitra. 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. Contrary to the constitutional courts that are established under the constitution and have a binding effect on the executive, the magistrate and sessions courts are products of the Code of Criminal Procedure 1898, and essentially decide facts. W.P. How the criminal justice system operates in each respective area depends on the jurisdiction that is in charge: city, county, state, federal, tribal, 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. THE ROLE AND FUNCTION OF PROSECUTION IN CRIMINAL JUSTICE Zafar Ahmad Farooqi* I. TRACES OF CRIMINAL PROCEDURE CODE AND APPLICATION OF CRIMINAL JUSTICE ADMINISTRATION In British India, the Governor General had appointed the “Indian Law Commission” to deal with substantive criminal law and procedure of courts. Under the Constitution, law and order is the responsibility of the provinces that discharge it through their provincial governments. Since 2007, the judiciary has gained some space by using its suo motu powers[4] to enforce Fundamental Rights coupled with its power to punish contempt or non-observance of its orders[5]; the legislature has not been able to assert its power through its conventions, privileges and rules, and due to its partisan nature. The five pillars or systems must work in concert with each other with checks and balances between them in order to … The courts follow an adversarial system of adjudication. Overall the Criminal Justice System in Pakistan is in abysmal condition. 2. 2. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. Police in Pakistan is the most corrupt institution of the country and corruption in Pakistan … Criminal Justice System and Legal Reforms Effective criminal justice system is a prerequisite for uploading the rule of law that underpins political rights, civil liberties an mechanisms of accountability which in turn guarantees the right to equality of all individuals before the law. The Punjab Government has enacted the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006 (III of 2006). And any doubt in prosecution’s case would be construed in favor of an accused. In last days the new Government of PTI recruited the law officers in the offices of Attorney General for Pakistan and Advocate General Punjab. P.C. The Constitution of Pakistan provides for the separation of judiciary from the executive,[3] and this constitutional dictate has yet to witness fruition. Nadeem Iqbal Khakwani Prosecution is an integral part of the criminal justice system. How will UK play its 'sovereignty card' on world stage post-Brexit? CBRC NEWS LIVE 7,438 views. Loading ... Criminal Justice System Made Easy - Duration: 6:38. The courts adjudicate upon criminal matters by conducting trials in accordance with the law. In certain criminal justice sy stems, public prosecutors also: The present government has placed special focus on effective prosecution of criminal cases. 2. Prosecution is an integral part of the criminal justice system. Ontologically, the study of crimes is styled as Criminology and the study of the agencies that control or respond to crime is called Criminal Justice (CJ)[8]. Who Decides? ... • Prosecution has to prove its case beyond any shadow of doubt. - … The entire criminal justice system in Pakistan is aimed at the judicial dispensation of criminal justice. The constitution of a country constitutes its basic organs i.e. In Pakistan it also starts with the investigation of Police. To enhance the understanding and build capacity of actors in the criminal justice system. 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. As Pakistan is a Federation, its constitution provides for executive, legislature and judicature[1] at both federal and provincial levels. Roles in the Justice System & Prosecutor In addition, the prosecutor’s roles include advising judges with regards to sentencing (Worall & Nugent-Borakove, 2008, p. 16). By this procedure it can easily be understood, the importance of law officers and prosecutors in government who are responsible to provide justice to aggrieved parties. The five pillars of the criminal justice system in the Philippines are law enforcement, prosecution, the courts, the penal system and the community itself. T he prosecutor is the principal representative of the state in all matters related to the adjudication of criminal offenses. An efficient prosecutor excludes any notions of winning or losing a case – his role is not simply one of crime control. The knowledge gap qua justice sector is acute. 2.1 Criminal law as followed in Pakistan: The criminal justice system is the set of agencies and processes established by governments to control crime and impose penalties on those who violate laws. The legal framework of policing primarily supports the detection model of policing by providing the legal basis of investigation and subsequent processes; it provides very limited powers of preventing crime to the police organizations. 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[2] Francis Bacon’s Essay on Judicature is interesting and the difference can be inferred by looking at different law dictionaries. The primary institutions of the criminal justice system are the police, prosecution and defense lawyers, the … [3] Article 175 of the Constitution of Pakistan, 1973. In a country like Pakistan, knowledge is seldom celebrated. 216/99, Delhi High Court, it was observed that In the Criminal Justice System this role is performed by the Public Prosecutor on behalf of the State. It is the duty of the prosecutors to prove the accused guilty in 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. In the following paper, the Criminal Justice System of Pakistan will be discussed. Role of Federal and Provincial Governments and Criminal Justice System Under the Constitution, law and order is the responsibility of the provinces that discharge it through their provincial governments. THE ROLE AND FUNCTION OF THE PROSECUTION IN THE PHILIPPINE CRIMINAL JUSTICE SYSTEM Menrado Valle-Corpuz* of the Peace Courts to the Supreme Court; Act No. In The Malimath Committee Report (2003), it is acknowledged that there is a crisis in the Indian Criminal Justice System. Pakistan Tehreek-e-Insaaf has succeeded to establish his government for the second time  in the  province of Khyber Pukhtunkhwa in general election 2018, for the reason of, in addition to other reforms, the most significant changes in the Police and Patwar system. In the provinces, the criminal justice system is managed through the Home and Prosecution Departments. Mr. Kamran Adil is a Visiting Research Fellow at the Research Society of International Law. Police, Prosecution & Judiciary needs reforms. 11. Due to faulty investigations, and careless assistance provided by prosecutors, the courts acquit the bandits then it spreads wrong rumours and scandals against the courts. 4. It is the core duty of a prosecutor attached with the courts having powers to grant the physical remand to bandits, to peruse the file minutely and scrutinise the faults before producing it to presiding officers. Adversarial Justice System. Introduction to Behavioural Sciences. The criminal justice system that Pakistan adopted in 1947 was tailor-made by the British colonial rulers that fits their needs and suits their colonial designs. The write is an advocate Supreme Court and Former Deputy Prosecutor General Punjab, NIPCO House, 4 - Shaharah e Fatima Jinnah,Lahore, Pakistan Tel: +92 42 36367580    |     Fax : +92 42 36367005, Justice Faez Isa delivers lecture on 'Environment & Islam' in Islamabad, Biden announces to launch Digital Strategy Unit to communicate ‘honestly’ with Americans, 'US and Israel seek to sow division in Arab World,' claims Iran's envoy to Egypt, US settles with Saudi-Based NCB for violations of sanctions on Sudan, Syria, Russia, Turkey to continue expanding defence industry cooperation despite US Sanctions: Lavrov, Federal Cabinet approves NAB, FBI agreement, Collective duty requires all to abide by law, constitution: Murtaza Wahab, NCOC reviews efforts for early availability of COVID-19 vaccine strategy. Criminal Justice System of Pakistan. Fasihuddin. P rosecution is an integral part of the criminal justice system. 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 … The Ministry of Justice (MOJ) has responsibility for different parts of the justice system – the courts, prisons, probation services and attendance centres. Juvenile justice system is still a dream for many Asian countries. CBRC NEWS LIVE 7,438 views. 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. Role of Police in Developing. The criminal justice system requires a degree of sensitivity towards both victims and offenders, and a law enforcement system would be considered effective if it succeeds in balancing the interests of victims. Unfortunately, due to a lack of investment in corrections, the results of the corrections system are limited and their facilities are virtually merged into prisons establishments. Suggested Citation: Suggested Citation Mughal, Munir Ahmad, Law as to the Public Prosecutors in Pakistan: Cases and Materials [Part Ix, Ch. The decisions of honourable courts to be discussed in evening shows held at TVs, nationally and internationally. 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. For this reason they do not get the latest court case laws and opinions and neither do public prosecutors think to guide them at the time of physical remand of culprits. Historically, it was part of police organizations. On the other hand the procedure for recruiting the law officers in higher courts and prosecutors in special courts is different in Pakistan. the victim and the defendant. - Kamran Adil, Consultation Session: Developing a National Action Plan on Business and Human Rights – Lahore, Taking a look back at his words, on the occasion of his birthday, Quaid-e-Azam, Muhammad Ali Jinnah's words still h…, https://www.britannica.com/topic/administrative-law/Judicial-review-of-administration#ref417468, The Ethics of Using Killer Robots in Armed Conflicts, Investigating State Sponsored Terrorism Under International Law, Analyzing Pakistan’s Compliance on the FATF Action Plan, Trainings on Anti-Money Laundering and Counter Terrorism Financing, Signing of MoU with of Information & Broadcasting. All the component of Criminal Justice System i.e. ... Role of Federal Shariat Court in Islamization of Laws in Pakistan The Police Order, 2002 is the organizational law of the Punjab Police; the KP Police Act, 2017 is the organizational law of the KP Police; the Sindh Police works under the Sindh (Repeal of the Police Act, 1861 and the Revival of the Police Order, 2002) (Amendment) Act, 2019, and the Baluchistan Police employs the Baluchistan Police Act, 2011. Criminal Justice System and Legal Reforms Effective criminal justice system is a prerequisite for uploading the rule of law that underpins political rights, civil liberties an mechanisms of accountability which in turn guarantees the right to equality of all individuals before the law. Each component has its own functions, organization, budget, working and legal framework. 2886, changing the name of the party who should prosecute the criminal action from that of “The The five pillars principle was outlined in an executive order signed by President Corazon Aquino on December 19, 1989. Each province has its own organizational law. They promoted nepotism, favouritism ignoring the competence of candidates. For the sake of knowledge and in the context of Pakistan, the definitions of three key terms related to rehabilitation and reintegration must be noted: [1] Part VII of the Constitution of Pakistan, 1973. The basic root cause of failure of Pakistan’s Criminal Justice System lies with the Police. 27 November 2020 - Islamabad, Pakistan: In August 2020 the secretariat and support function for Pakistan Prosecution Forum (PPF) was officially handed over to the UNODC Country Office in Pakistan by the CAPRI Programme supported by the British High Commission (BHC). 6:38. Forensic Science in Criminology. What is Crime? 27 November 2020 - Islamabad, Pakistan: In August 2020 the secretariat and support function for Pakistan Prosecution Forum (PPF) was officially handed over to the UNODC Country Office in Pakistan by the CAPRI Programme supported by the British High Commission (BHC). 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. [8] Siegel, Larry J, Criminology-Theories, Patterns and Typologies, 9th Edition, page 4. • Prosecution has to succeed on its own merits. 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