The difference between the police and the public prosecution

The difference between the police and the public prosecution

The organizational difference between the police and the Public Prosecution lies in the nature of the tasks and roles performed by each agency during the criminal proceedings, and this is primarily regulated by the Criminal Procedure Code and the Public Prosecution Code.

In simple terms: The police are an “inference and control” body, while the Public Prosecution is an “investigation, prosecution and oversight” body. The police are subject in their criminal duties to the supervision of the Public Prosecution.

Note: It must be noted that this article is legal and informational and does not replace consulting a lawyer.

Below are the organizational details for each:

First: The role of the police (criminal control men)

Police directors and their assistants are considered “criminal police officers” according to Article 26 of the Code of Criminal Procedure. Their role revolves around the first stage of the crime (the inference stage), and their tasks include:

• Research and evidence collection: They are the persons who search for the perpetrators of crimes and collect the information and evidence necessary for investigation and indictment, in accordance with Article Twenty-Four of the Code of Criminal Procedure.
• Receiving reports and dealing with crime scenes: Article Twenty-Seven of the same system requires criminal police officers to accept reports and complaints, move themselves to the scene of the accident to preserve it, seize everything related to the crime, and inform the Public Prosecution immediately.

Second: The role of the Public Prosecution

The Public Prosecution is the authority competent to initiate and direct criminal cases, and has broader powers related to investigation and oversight. Article 3 of the Public Prosecution Law and Articles 13 and 15 of the Criminal Procedure Law define its powers, the most prominent of which are:

• Investigation: Undertakes the official investigation of crimes after receiving reports and evidence from the police.
• Public Prosecution: Disposing of the investigation (either by filing the case with the court or filing it), and filing and initiating criminal cases before the competent courts.
• Supervision and oversight: Supervising the implementation of criminal sentences, and monitoring and inspecting prisons and detention centers to verify the legality of detention.

Third: The organizational relationship between them (supervision)

The most important organizational difference is evident in Article Twenty-Five of the Code of Criminal Procedure, which stipulates that: “Criminal control men – with regard to their functions in criminal control stipulated in this system – are subject to the supervision of the Public Prosecution”.

The system also gave the Public Prosecution the right to request the competent authority to look into the matter of every criminal arrest man who commits a violation of his duties or negligence in his work, and it may request that a disciplinary lawsuit be filed against him.

Conclusion: Procedures usually begin with the police (as criminal arrest officers) to receive the report, collect preliminary evidence, and arrest the accused, then the case is referred to the Public Prosecution, which conducts an in-depth investigation and decides whether the evidence is sufficient to bring charges and file a lawsuit before the court or close the case.

For law and legal consultations..Contact the office of lawyer Abdul Majeed Al Rashid.

References

Article Thirteen of the Code of Criminal Procedure

Article Fifteen of the Code of Criminal Procedure

Article Twenty-Four of the Code of Criminal Procedure

Article Twenty-Five of the Code of Criminal Procedure

Article Twenty-Six of the Code of Criminal Procedure

Article Twenty-Seven of the Code of Criminal Procedure

Article 3 of the Public Prosecution Law