Under Belgian regulation, judges and prosecutors are judicial officers with equal rank and pay. They usually counsel an affordable sentence which the court just isn’t obligated to follow; the courtroom may resolve on a tougher or softer sentence. Prosecutors are required by state and federal laws to follow sure guidelines. Failure to comply with these guidelines might end in a finding of prosecutorial misconduct, although a 2013 investigation found that precise discipline for prosecutorial misconduct was lacking.
Though Scots regulation is a blended system, its civil regulation jurisdiction indicates its civil regulation heritage. Here, all prosecutions are carried out by Procurators Fiscal and Advocates Depute on behalf of the Lord Advocate, and, in theory, they can direct investigations by the police. In very critical cases, a Procurator Fiscal, Advocate Depute and even the Lord Advocate, could take cost of a police investigation. It is at the discretion of the Procurator … Read More
