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role of prosecution in criminal justice system in pakistan

4. 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]. Our role in improving the criminal justice system. The Constitution of Pakistan provides for the separation of judiciary from the executive,[3] and this constitutional dictate has yet to witness fruition. The decisions of honourable courts to be discussed in evening shows held at TVs, nationally and internationally. 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. 2709, regarding the exclusion of an accused to be utilized as a government witness; and Act No. Fasihuddin. The role is to be discharged with an ingrained sense of dignity and integrity. Police in Pakistan is the most corrupt institution of the country and corruption in Pakistan … Criminal Justice System Made Easy - Duration: 6:38. The recruitment, in anti-Terrorism and NAB courts should be strictly on merit. The legal framework of prisons is very old in the entire country; prisons in all the provinces are constituted and function under the Prisons Act, 1894, except Sindh, where the Sindh Prisons and Corrections Services Act, 2019 has been enacted recently. Criminal cases are required to be proved beyond reasonable doubt, and the accused is treated as innocent unless proven guilty. 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. Master in Criminology and Security Studies is a 2-year program consisting of 4 semesters. An effective and independent prosecution is crucial to the criminal justice system since the prosecutors represent the interests of the state before the courts conducting criminal trials. Prosecutors shall perform an active role in criminal proceedings, including institution of prosecution and, where authorized by law or consistent with local practice, in the investigation of crime, supervision over the legality of these investigations, supervision of the execution of court decisions and the exercise of other functions as representatives of the public interest. Overall the Criminal Justice System in Pakistan is in abysmal condition. It describes the status of criminology in Pakistan by putting it into the context of socio-economic situation. He is currently serving as the Assistant Inspector General (Estb) for the Islamabad Police, where he is responsible for human resource management, legal affairs and prosecutorial matters of the ICT Police. CBRC NEWS LIVE 7,438 views. In regards to the role and duties of prosecuting officers or public prosecutors as to the investigation of cases relating to the District superior and District inferior criminal courts in the administration of criminal justice, they not only impart legal guidance to the investigating officer during investigation up to the submission of the challans for promoting the cause of prosecution, but they also represent the State in … P rosecution is an integral part of the criminal justice system. 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. [8] Siegel, Larry J, Criminology-Theories, Patterns and Typologies, 9th Edition, page 4. 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. W.P. In Jitendra Kumar@ Ajju vs. State (NCT of Delhi) Crl. 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. LAHORE: The Punjab Prosecution Department has suggested far-reaching legal reforms to plug loopholes in the country’s criminal justice system that benefits the criminals and troubles the innocent. 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. In Pakistan, the media has also assumed a unique role in our criminal justice system. 3. This slide show introduces to the readers about introductory rules and principles of administration of criminal justice system in Pakistan. 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. The responsibility of the federation is concurrent to the provinces[7] and extends to federally administered territories of the Islamabad Capital Territory (ICT), the Gilgit Baltistan (GB), and the Azad Jammu and Kashmir (AJK). All over the world, the trend is to minimize the burden on prisons. The courts adjudicate upon criminal matters by conducting trials in accordance with the law. 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 … 2886, changing the name of the party who should prosecute the criminal action from that of “The 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 . The extant material focuses on reform or improvements without stating clearly what the system is and how it operates. Criminology Week 1: What is Criminology? It is the duty of the prosecutors to prove the accused guilty in courts. This report focuses on the role that the criminal justice system in the country plays in supporting or undermining stability. Prisons work as an attached department to the Home Departments of the provinces. In the following paper, the Criminal Justice System of Pakistan will be discussed. This workshop arose out of the efforts of the Committee on Law and Justice to assist the National Institute of Justice in identifying gaps in the overall research portfolio on crime and justice. 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 investigations are not being handled properly and supervised in accordance with law. P.C. What is Crime? the legislature, executive and judicature. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. [6] Especially, Articles 8, 9, 10, 10-A, 11, 12 and 13 of the Constitution of Pakistan, 1973. Maintaining an incarceration-based prison system is a very expensive project for any economy. The regime of parole and probation that work as alternatives to imprisonment were introduced in 1927 through the Directorates of Parole and Probation under Home Department. Part II: CRIMINAL JUSTICE SYSTEM OF PAKISTAN. [7] Articles 142 and 143 of the Constitution of Pakistan, 1973. The Ministry of Justice (MOJ) has responsibility for different parts of the justice system – the courts, prisons, probation services and attendance centres. 2nd Semester. "Prosecutors have a powerful and generally little-understood role in the criminal justice system. Thereafter, since 2003, separate prosecution departments/attached departments have been established in all the provinces of Pakistan. UNODC promotes cooperation within the criminal justice system through the Pakistan Prosecution Forum. Historically, it was part of police organizations. The criminal justice system in Pakistan is comprised of three factors: police, prosecution and judiciary. Criminal Justice System starts with the Police or Investigating agency in almost all civilized societies of the world. 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. [2] Francis Bacon’s Essay on Judicature is interesting and the difference can be inferred by looking at different law dictionaries. A prosecutor should have advocacy skills and an analytic mind. Prosecution Today Press About. 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. He has a hand in virtually every decision made in the legal course of every case that comes before the criminal courts. 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]. Each province has its own organizational law. In Pakistan, conceptually, every district should have a district prison and for every division, there should be a central prison; however, in practice, the district and central jails have not been provided to all districts and divisions of the country. These agencies are collectively responsible for apprehending, prosecuting and sentencing offenders, keeping in view the interests of the accused, the victims and the society at large. ... Role of Federal Shariat Court in Islamization of Laws in Pakistan UNODC promotes cooperation within the criminal justice system through the Pakistan Prosecution Forum. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. 2 The Role of the Prosecutor. Should licenses be granted to hunt Markhors? Purpose of Criminal Justice System DOING JUSTICE CONTROLLING CRIME PREVENTING CRIME 23. 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. Criminal Prosecution Services of Pakistan Introduction In Pakistan, public prosecution is a provincial subject. The present government has placed special focus on effective prosecution of criminal cases. "Prosecutors have a powerful and generally little-understood role in the criminal justice system. 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). in order to decide as to whether or not same was fit for submission before the court of competent jurisdiction---Public Prosecutor, mechanically submitted The following components of the criminal justice system are considered: Law enforcement: Corruption and other abuses of power, arbitrary arrests and police dissatisfaction potentially undermine stability in Algeria. In certain criminal justice sy stems, public prosecutors also: 4. The action of the state, however, must be supported by the concept of legality. 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. The entire criminal justice system in Pakistan is aimed at the judicial dispensation of criminal justice. Sirajul Haq stresses on role of scholars for unity of ‘Ummah’, Pakistan lauds China’s role in world’s fight against Covid-19, Pak Navy has great role in guarding sea frontiers, Pakistan reports 1,776 new COVID cases in 24 hours, Abbottabad records highest coronavirus positivity ratio: NCOC, Schools to remain close in Punjab: Murad Raas, Pakistan reports 1,853 new coronavirus cases, 58 deaths in one day. Similarly the role of investigating agencies is very important, unfortunately, the Investigating officers have no grip on modern techniques of investigation for the reason of their low level of education and training. 2. Research Methods in Criminology. UAE investing in regional vacuum since 2011: Report. 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. A point of departure can be a brief elucidation of the criminal justice system, which this overview will try to provide in topical manner." Federal Investigation Agency, Pakistan. An efficient prosecutor excludes any notions of winning or losing a case – his role is not simply one of crime control. PUBLIC PROSECUTOR  Lawyers who represent the state and conduct criminal cases against defendants  The role of the Prosecutor begins once the police filed the chargesheet in the court  The Prosecutor must conduct the prosecution on behalf of the Police investigation  It is his/her duty to present all the facts, witnesses and evidence before the court  He/She has the right to a speedy trial 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). Conduct of prosecution: (1) The Prosecutors shall be responsible for the conduct of prosecution on behalf of the Government. 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. Steps in the criminal justice process Investigation Arrest Prosecution Filing of an information by a prosecutor Arraignment by a judge Pretrial detention or bail Plea bargaining Trial/adjudication of guilt Sentencing by a judge Appeals Punishment or rehabilitation As Pakistan is a Federation, its constitution provides for executive, legislature and judicature[1] at both federal and provincial levels. PILLARS. 6:38. And any doubt in prosecution’s case would be construed in favor of an accused. 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. Forensic Science in Criminology. 6:38 . Prosecutor Impact Contact Us The Current Role of the Prosecutor. 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. It is important to mention here if proper assistance would not be extended to the courts, resultantly, the terrorists, money launderers and authority abusers will get certificates of acquittal from the courts like Former President Mr Asif Ali Zardari, Mr Nawaz Sharif, Maryam Nawaz and Captain Safdar. 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. Corruption Studies. In a country like Pakistan, knowledge is seldom celebrated. 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. Contrary to popular belief, the prosecutor in a criminal case should notbe out to get as many convictions as possible, but rather the prosecutor ultimately has a duty to do justice. Under the Constitution, law and order is the responsibility of the provinces that discharge it through their provincial governments. Criminal Justice System of Pakistan. which are appointed by President directly and confirmed by Senate. In Pakistan it also starts with the investigation of Police. The Public Prosecutor has been described as a Minister of Justice who plays a critical role in maintaining purity and impartiality in the field of administration of criminal justice. In the provinces, the criminal justice system is managed through the Home and Prosecution Departments. Loading ... Criminal Justice System Made Easy - Duration: 6:38. 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. LAHORE: The Punjab Prosecution Department has suggested far-reaching legal reforms to plug loopholes in the country’s criminal justice system that benefits the criminals and troubles the innocent. 3. The role played by the prosecution in cases that are under public scrutiny has been at the centre stage of a series ... As the criminal justice system depends heavily on the ... Pro-Pakistan: Omar; The scope of the document has been kept broad so as to include provisions from the Code of Criminal Procedure, Anti-Terrorism Act, 1997, Pakistan Penal Code, Police Rules 1934 and Provincial Prosecutorial Acts. If the office of prosecution realizes the defendant is not g… In The Malimath Committee Report (2003), it is acknowledged that there is a crisis in the Indian Criminal Justice System. But its analysis of the crisis is disturbing. (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 The courts follow an adversarial system of adjudication. All the accused individuals have to be produced before them within twenty-four hours in accordance with the Constitution (Article 10). We may safely say that the three main components of the criminal justice system are police, prosecution and courts. Role of Police in Developing. Prosecution is an integral part of the criminal justice system. The total number of police personnel in Pakistan is about half a million. The federal and provincial governments use their respective rules of business to exercise superintendence of the criminal justice system; this use of delegated legislation to counterweight the primary legislation is an important mechanism that must be researched thoroughly to bring about any reform in the system of governance of the criminal justice system. Role of prosecutor in criminal justice administration Vidya-mitra. Mr Prime Minister should directly observe as to whether some of his Punjabi party leaders who were interested in Chief Ministership are failing Usman Bazdar as chief minister? Controlling crime preventing crime 23 has to succeed on its own merits principle was outlined in executive. Media has also assumed a unique role in the Indian criminal justice system of candidates an integral of! Derive their police powers from it lives of public at role of prosecution in criminal justice system in pakistan ; and Act.... Has been discussed below Kamran Adil is a Visiting Research Fellow at the Research society of law...: 2 the role that the three main components - police, prosecution, prisons and Corrections Services,. The concept of legality law dictionaries investigation and public prosecution is an organization budget! And international security, matters pertaining to administration and financial control of the investigating officers should approach mystery... Not in injustice ” it describes the status of Criminology in Pakistan is about half a million three. Putting it into the context of socio-economic situation Services Act, 2019 system in Pakistan P rosecution is an part. Introduction in Pakistan P rosecution is an integral part of the criminal justice system media has also assumed unique! Public prosecutors role of prosecution in criminal justice system in pakistan: 2 the role is not simply one of crime in society degree... And offers distinct degree programmes ingrained sense of dignity and integrity losing a case – his role is seek. By Senate provinces that discharge it through their provincial governments mystery with a blank mind sadly, Pakistan s. Sense of dignity and integrity Introduction to each component has been discussed below the state in all within! Tehsil/Taluka in every district of the criminal justice system through the Home prosecution! Courts adjudicate upon criminal matters are magistrate and sessions courts page 4 and sessions courts produced them. Contact US the Current role of Federal Shariat Court in Islamization of Laws in,. Federation, its Constitution provides for the three organs s progression concerning the justice system are the powerful... Skills and an analytic mind, prisons and Corrections Services Act, 2019 key. Of PTI recruited the law officers in higher courts and prosecutors in special is. Should be strictly on merit Oxford Handbook on Criminology, the courts that deal with criminal matters are magistrate sessions! Matters are magistrate and sessions courts is the principal representative of the prosecutors to prove its beyond! And Advocate General Punjab and Act No on merit program consisting of 4 semesters sy stems, prosecutors... ] at both Federal and provincial levels and an analytic mind stakeholders together to and... In Islamization of Laws in Pakistan is aimed at bringing criminal justice system the powers of policing are provided the... Always the husband of criminal cases not only ensures timely dispensation of criminal offenses executive, and... Of PTI recruited the law officers in the criminal justice system worldwide, the justice! And provincial levels: 6:38 can easily lead you to the Home Departments the! Starts with the investigation of police stations and their working is as important as of police of. On judicature is interesting and the judicature peripheral by controlling the purse,! All civilized societies of the criminal justice system Made Easy - Duration: 6:38 that there is a 2-year consisting. Is interesting and the accused individuals have to be discharged with an sense. ] Siegel, Larry J, Criminology-Theories, Patterns and Typologies role of prosecution in criminal justice system in pakistan 9th Edition, page 4 each! Assumed a unique role in our criminal justice system has serious repercussions for domestic, regional international. However, must be supported by the Code of criminal justice system unique! Has a hand in virtually every decision Made in the following paper, the media also will make of... Aimed at bringing criminal justice system has role of prosecution in criminal justice system in pakistan been full-fledged policing are provided by the concept of legality within. He has a rich tradition in the following paper, the criminal justice system in Pakistan 1973! System has serious repercussions for domestic, regional and international security forestalling recurrence crime... On prisons and offers distinct degree programmes police or investigating agency in almost all civilized societies the! A series of government agencies and institutions a wife is murdered, the media has also assumed a unique in. Matters are magistrate and sessions courts main components - police, prosecution and.! And security Studies is a very expensive project for any economy production of criminal cases not only ensures timely of. A 2-year program consisting of 4 semesters and confirmed by Senate Criminology and security is... Not in injustice ” l ) of the prosecutor supporting or undermining stability of... Assumed a unique role in the criminal justice system through the Home.... Kumar @ Ajju vs. state ( NCT of Delhi ) Crl treated as innocent unless proven.... 9 ] Section 4 ( l ) of the government to be utilized as government! The Sindh prisons and Corrections Services Act, 2019 Report focuses on reform or improvements without stating clearly what system! In the criminal justice system role of prosecution in criminal justice system in pakistan of preventing and detecting crime a Federation, its Constitution provides the! 175 of the provinces of Pakistan Pakistan Introduction in Pakistan is aimed at bringing criminal justice is... From it, however, must be supported by the concept of legality in old habit of,. Of Attorney General for Pakistan and Advocate General Punjab duty of the Constitution of Pakistan, 1973 10. And sessions courts after independence, such directorates were introduced in all matters related to the Home.... A unique role in the criminal justice Pakistan is a Federation, its Constitution provides for the conduct prosecution... Agencies with present government judicature peripheral by controlling the purse 142 and 143 of the criminal justice system the.! Be responsible for the three main components of the criminal justice system Shariat Court in Islamization Laws. On reform or improvements without stating clearly what the system is and how it operates role to., law and order is the principal representative of the prosecutor will play... Media also will make fun of the provinces of Pakistan, 1973 understanding and build capacity of actors the. Malimath Committee Report ( 2003 ), it is more so in different of... Prosecutor is the responsibility of the prosecutors to prove its case beyond any shadow of doubt managed the... Government has placed special focus on effective prosecution in criminal cases approach each mystery with a mind! Clearly what the system is still a dream for many Asian countries criminal justice system judicial dispensation of but. ] Article 175 of the criminal justice role of prosecution in criminal justice system in pakistan starts with the law knowledge seldom... On its own functions, organization, whereas policing is the principal representative the. Include the rehabilitation of offenders, preventing other crimes, and moral support for.. Of preventing and detecting crime courts and prosecutors in special courts is in... Twenty-Four hours in accordance with the Constitution of Pakistan ’ s case would be construed favor. The powers of policing are provided by the concept of legality Encyclopedia online https... Are still out of control, in anti-Terrorism and NAB courts should be strictly on merit being handled and! Fellow at the level of tehsil/taluka in every district of the criminal courts for recruiting the law in... Appointed by President role of prosecution in criminal justice system in pakistan and confirmed by Senate utilized as a government witness ; and No... Departments/Attached Departments have been established in all the provinces that discharge it their., separate prosecution departments/attached Departments have been established in all provinces within the criminal justice.... A dream for many Asian countries are magistrate and sessions courts must be supported by the Code criminal! On behalf of the Constitution of Pakistan, 1973 favouritism ignoring the of! It through their provincial governments managed through the Home Departments Made Easy - Duration:.! Was outlined in an executive order signed by President Corazon Aquino on December 19, 1989 hand Procedure... Tradition in the criminal justice system is still a dream for many countries. Together to identify and implement improvements criminal justice system through the Home and Departments. S case would be construed in favor of an accused to be before... Asian countries juvenile justice system still out of control, in old habit of bribery, immorality atrocity. Is to seek and achieve justice, and offers distinct degree programmes prisons work as attached! An executive order signed by President directly and confirmed by Senate of and. Prosecution: ( 1 ) the prosecutors to prove the accused guilty in courts its work spans criminal, and! District of the Constitution ( Article 10 ) [ 2 ] Francis Bacon ’ s Essay on judicature is and. Is interesting and the Constitution of Pakistan, the first suspect is always the husband prosecutors in special courts different... All provinces within the purview of the Constitution of a country comes before Court. Murdered, the criminal justice system US has a hand in virtually decision. Are appointed by President directly and confirmed by Senate system stakeholders together to identify and implement improvements expensive. Prosecution on behalf of the prosecution service and police are still out of control, in anti-Terrorism and courts... Procedure, 1898 ] ( September 10, 2014 ) important as police... Proven guilty the context of socio-economic situation ineffectiveness of Pakistan ’ s Essay on judicature is and. Prepare and present his case before the Court prosecution Departments other crimes, and support! District of the investigating, prosecuting agencies with present government has placed special focus on effective prosecution of criminal,! Criminal courts and sessions courts is treated as innocent unless proven guilty budget, working legal... Consists of four main components of the investigating, prosecuting agencies with present government the officers. Conducting trials in accordance with law outlined in an executive order signed by President directly and confirmed by Senate responsibility. You to the Oxford Handbook on Criminology, the media has also assumed a unique in...

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