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The Establishment of Prosecutorial Agency

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  • Last updated:2019-04-01
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The Establishment of Prosecutorial Agency In the Republic of China, on behalf of the State, the prosecutor performs the function of prosecution and the execution of criminal penalty in order to protect the rights and interests of people and maintain the legal interests of the nation and society. In a criminal proceeding, the prosecutors’ office, acting as the instigator of the action, and the court which is in charge of trial, are two opposing bodies with independent and separate functions. According to the Law Governing the Organization of the Court, prosecutors’ offices form part of the court at the same level of trial: the Supreme Court has a prosecutors’ office with a number of prosecutors, of whom one is appointed as Prosecutor-General; each of the other High Courts or District Courts had its own prosecutors’ office with a number of prosecutors, of whom one is appointed as the chief prosecutor. However, no chief prosecutor shall be appointed if there is only one prosecutor in the particular office. If there are more than six prosecutors in an office, they can be divided into several divisions. Each of these divisions shall have a divisional chief in order to supervise the business of the particular division. In addition to directing, supervising and assigning prosecutorial and administrative affairs, the Prosecutor General is to supervise all prosecutors at different court levels of the whole nation, whereas the chief prosecutor of the prosecutors’ office at the high Court supervises prosecutors at different court levels of the province where it is located , and the chief prosecutors of the prosecutors’ office at the Branch High Courts and those at the District Courts are to supervise the business of their respective offices. Administratively, prosecutors’ office at all levels are subject to the supervision of the Minister of Justice.

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