Legal System Roles: Prosecutor, Victim, and Judge in Global Criminal Justice

Roles in Criminal Justice Systems: Adversarial vs. Inquisitorial

The Public Prosecutor's Role

In adversarial legal systems, such as that of the United States, the public prosecutor possesses wide discretion to bring charges. This principle is followed not only by common law countries but also by France.

Legality Principle in Inquisitorial Systems

Countries influenced by the inquisitorial system, however, adhere to the legality principle, which mandates prosecution. Here, the prosecutor has a duty to act; there is no discretion. If the prosecutor becomes aware of a criminal act, they are obliged to bring charges.

Prosecutorial Discretion in Spain

In Spain, a distinction is made between public crimes, semi-public or semi-private crimes, and private crimes. The public prosecutor's role varies depending on the crime type. For instance, in tax crimes, the involvement of a public prosecutor is essential.

Opportunity Principle and Prosecutorial Power in the US

The significant discretion granted to the public prosecutor in the US, linked to the opportunity principle, gives them substantial power over a case's outcome, especially when connected with plea bargains. Since the public prosecutor has discretion, the case is largely in their hands. In the US, public prosecutors are appointed by the people.

The Victim's Role in Criminal Proceedings

In Spain, a victim whose rights have been violated may act as a private prosecutor. The victim can file a complaint to initiate criminal prosecution, and a civil claim may also be filed concurrently with the criminal claim.

Victim's Role in the US System

Conversely, in the US, the victim generally may not bring a criminal claim acting as a private prosecutor. The criminal action is "owned" by the public prosecutor, who represents the public interest. In the US, the public prosecutor effectively acts as the victim's legal representative in criminal matters. In contrast, in Spain, a victim would typically have both the public prosecutor and their own private lawyer.

The Judge's Role

In civil law countries, the investigating magistrate may delegate investigatory powers to the police through a rogatory commission. Additionally, the judge has the following roles:

• Evaluate the admissibility of evidence.
• Preserve evidence.
• Cannot access the full dossier (in some contexts).

Evidence Admissibility: US vs. Spain

A key difference between civil and common law systems lies in evidence admissibility. In the US, there is a specific set of rules governing the admission of evidence. In Spain, however, there is no separate, distinct set of rules for this purpose.