107TH
INTERNATIONAL
TRAINING
COURSEREPORTSOF THECOURSEREPORTS OF THE COURSEGROUP 1
THE RELATIONSHIP OF THE PROSECUTION WITH THE
POLICE AND INVESTIGATIVE RESPONSIBILITY
Chairperson
Co-Chairperson
Rapporteurs

Members

AdviserMr. Zafar Ahmad Farooqi
Mr. Takahiro Saito
Mr. Winfred Ansah-Akrofi
Mr. Ersyiwo Zaimaru
Mr. Alex Mwachishi Chilufya
Mr. Guan Fujin
Ms. Mariko Suzuki
Mr. Toshiaki Takahashi
Mr. Hiroyasu Ito
Mr. Lee, Yong-Hoon
Deputy Director Masahiro Tauchi(Pakistan)(Japan)(Ghana)(Indonesia)(Zambia)(China)(Japan)(Japan)(Japan)(Republic of Korea)(UNAFEI)

I. INTRODUCTION

II. USE OF TERMS

This special report is the product of an
intense group workshop called upon to
examine and discuss the relationshipbetween investigation and prosecution as
it pertains to the nineteen countries
represented on the course. To realize thisobjective, it was necessary in each case tolook at the police; to what extent, if at all,prosecutors get involved in investigations;the practical problems faced byinvestigators, police and prosecutors alike;the role played by public prosecutors inovercoming the drawbacks and problems
faced by investigators; and, recommending
possible avenues of circumventing existingand perceived hurdles in the way ofqualitative and effective investigation andprosecution of crime and its offenders. The
countries under review were conveniently
divided into two principal jurisdictions,
namely:(1) countries in which only the police has
investigative authority, and(2) countries in which the police andpublic prosecutors are vested withinvestigative authority.

For purposes of this report, the following
terms shall be construed as hereunder:“PROSECUTOR”: Any person appointed
or designated under the law as a publicprosecutor or one who acts as such on
behalf of the state and whose powers andfunctions include, inter alia, the following:(a) the power of control over thepresentation of a case before court;
and(b) the power of control over thecontinuance or discontinuance ofprosecution.
“POLICE”: Any organization withpersonnel appointed under the law andexercising the power and function of a law
enforcement officer to maintain law andorder in the country. This report focuseson the function of the police as aninvestigator.
“INVESTIGATOR”: Any person who
detects crime and discovers offenders
through the exercise of legal powers.

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III. CLASSIFICATION:
RELATION OF THE PUBLICPROSECUTOR AND THE POLICE
Nations have different institutions
which conduct investigations. In somecountries such as Costa Rica, Ghana, India,
Kenya, Malaysia, Maldives, Nepal,
Pakistan, Singapore, Sri Lanka, Thailand
and Zambia, the authority to investigate
lies with the police. In Cameroon, China,
Indonesia, Japan, Laos, the Philippines
and the Republic of Korea, the role ofinvestigation lies with both the police andthe prosecution.
A. Countries in Which Only The
Police Has Investigative
Authority
1. Costa Ricaa) Organizational structure of
the police and theprosecution
Police: The investigative authority is the
judicial police, which is under the General
Director. The judicial police is under thesupervision of the Internal Affairs Office.
When a crime which is punishable by a fineor less than three years’ imprisonment isreported to the police, all investigation
thereof is conducted by the police. Upon
conclusion of such investigation, the police
submits the results of investigation to theprosecutor.
Prosecution: Public prosecutors belong to
the Public Ministry under the supervisionof the Prosecutor General. Only publicprosecutors can institute criminal
proceedings before the court.
b) Role of prosecutors in police
investigations
When a police investigator submits to theprosecutor the results of his investigation,and if it is an offense punishable withimprisonment, not exceeding three years ora fine, the prosecutor must then require all
relevant witness and suspect statements308

and any other material evidence considerednecessary to be collected by the judicial
police. Once this is satisfied, the prosecutordelivers the dossier to the trial judge.
Similarly, in offenses punishable withmore than three years’ imprisonment, a
police officer on receipt of a complaint
hands over the investigation file to theprosecutor. The prosecutor then draws up
a “formal instruction requirement” which,
together with the case file, he submits tothe examining judge. The latter effectively
takes over the case and conducts thenecessary investigation. With the help of
the judicial police, the collection of evidence
such as witness and suspect statements,
ordering the production and inspection of
public and private documents, and making
available results or reports of forensic
laboratory tests, is done by the examining
judge. The prosecutor only controls thelabor of the examining judge by way of
appeal to the Appeal Court if he does notagree with the proceedings followed by theexamining judge. After this, the dossier ishanded over to the prosecutor for
prosecution.
2. Ghanaa) Organizational structure of
the police and theprosecution
Police: The investigation of all crime is
the responsibility of the police. This power
derives from the Police Service Act No. 350/
70. The police falls under the Ministry ofInterior. The police powers of investigation
include the power to arrest with or without
a warrant, as per section 10(1) of the CPC
Act 30/60 and the power to search with orwithout a warrant. The police is also
empowered to grant bail to suspects.
Suspects who can not be granted bailshould be brought before a court within
forty-eight hours. After the police hascompleted its investigations, it submits thedossier to the prosecutors for prosecution.

107TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
Prosecution: The prosecutorial function
is exercised by the Attorney General. That
is to say, all public prosecutors aredesignated by the Attorney General andoperate under the Attorney General’sChambers. The Attorney General is the
Minister of Justice. There are also police
prosecutors exercising the powers ofprosecution on behalf of the Attorney
General. Police prosecutors appear before
Circuit Tribunals, Community Tribunals
and Juvenile Courts (these are subordinate
courts of first instance). All major offenses(1st degree) are triable on indictment
before the High Court. All appeal matters
are handled by state attorneys from the
Attorney General’s Chambers.
b) Role of prosecutors in police
investigations
The police seeks legal advice from the
Attorney General whenever necessaryduring the course of an investigation. Afterthe police has completed an investigation,
a duplicate docket of the case to be tried
on indictment is sent to the Attorney
General’s Chambers. Before the prosecutor
initiates criminal proceedings in court, hestudies the docket. Should there be anyneed for further investigation, he advises
the investigator to do so. The prosecutor
also arranges pretrial conferences. Herehe meets and interviews all parties of acase, with a view to clarifying certain issues
and ascertaining the relevance of
witnesses. This also gives the prosecutora chance to expose and work on weaknesses
in the case before the matter goes to trial.
During investigations, the prosecutor
applies to the court for arrest, search anddetention warrants, which are thenexecuted by police investigators.

3. Indiaa) Organizational structure of
the police and theprosecution
Police: The Central Bureau of
Investigation (CBI) is the premierinvestigation agency of the central
government. The CBI is under the
Ministry of Personnel and Training, headed
by a Director and answerable to the Prime
Minister. The CBI has concurrent
investigative jurisdiction in the Union
Territories. It can also take up theinvestigation of cases at the request of thestate governments. Besides the CBI, there
are state police forces headed by Directors
General of Police, who are appointed by thestate government concerned. The police
has power to initiate investigations ofcognizable offenses itself but require acourt order for non-cognizable offenses.
Other investigative powers, include arrest,
search, seizure and interview suspects andwitnesses.
Prosecution: The prosecution wing in astate is headed by the Director of
Prosecutions who is responsible for theprosecution of cases in the Magistrate’s
Courts. He is aided by the Additional,
Deputy and Assistant Public Prosecutors(Grade I and Grade II), appointed by thestate government. Public prosecutors who
prosecute cases in the High Court are
appointed by the state government fromthe panel of suitable lawyers prepared by
the state government in consultation with
the High Court. Public prosecutors who
appear in Sessions Courts are also
appointed by the state government fromsuch panel in consultation with theSessions Judge. They do not fall under thejurisdiction and control of the Director of
Prosecutions, but rather are responsible to
the District Magistrate.
The prosecution agency does not have anational level body. At the central level,
the Attorney General is the most senior law

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officer of the Government of India withlegal power to address all courts in the
country. Prosecutors appointed by thecentral government appear in High andDistrict Courts in cases involving thecentral government.
b) Role of prosecutors in police
investigations
Though prosecutors have no powers toinitiate and conduct investigations, thepolice seeks legal advice from prosecutors
during investigations. The police respects
and complies with the legal advice given
by prosecutors. However, prosecutors haveno legal authority to direct or supervise thepolice. Prosecutors are employed in the
CBI to provide legal services to theinvestigative body on a daily basis. The
Head of the Legal Division of the CBI iscalled the Legal Advisor and is assisted byAdditional and Deputy Legal Advisors andPublic Prosecutors. These law officers
guide the process of every criminal
investigation by reviewing cases andoffering legal insights into those cases anduseful guidelines on how to proceed withparticular investigations.
4. Kenyaa) Organizational structure of
the police and theprosecution
Police: The National Police is under the
Office of the President. The police initiates
and conducts all criminal investigations.
In the course of these investigations, thepolice consults prosecutors for advice. The
police department is headed by theCommissioner of Police.
Prosecution: The Attorney General is thep r o s e c u t i o n a u t h o r i t y. A l l p u b l i c
prosecutors including police prosecutors,
exercise prosecutorial functions on behalfof the Attorney General. In matters ofprosecution, police prosecutors arecontrolled by the Attorney General.

310b) Role of prosecutors in police
investigations
The prosecutor has no authority to
conduct investigations. The role of theprosecutor is an advisory one. In certain
cases though, the Attorney General can
instruct the Commissioner of Police toinitiate investigations if there is a greaterpublic interest to be served. At theconclusion of each investigation, the police
files the case with prosecutors forprosecution.
Prosecutors study the investigation fileand when necessary request the police tocarry out additional investigations such as
the recording of additional statements from
witnesses, the interrogation of any othersuspect and inspection of certain
documents.
5. Malaysiaa) Organizational structure of
the police and theprosecution
Police: In Malaysia, the Royal Malaysian
Police is under the Ministry of Home
Affairs. The investigation is usually doneby the police. However, only police officersof above the rank of sergeant haveinvestigative powers. In non-seizableoffenses, the investigating officer can only
carry out investigation after he has
obtained an Order to Investigate (O.T.I.)
from the public prosecutor as provided
under section 108(2) of the Criminal
Procedure Code. In carrying out
investigation, the police can detain any
person suspected of committing any
seizable offense for a period not more thantwenty-four hours. If it is necessary todetain the suspect for further investigation,
the police officer must produce the suspect
before a Magistrate’s Court and request anorder of remand for a period of not morethan fourteen days.
Prosecution: The prosecution of criminalcases is a function of the Attorney General.

107TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
Public prosecutors exercise this power onbehalf of the Attorney General. Police
officers are also allowed to prosecute as per
section 20 of the Police Act, 1967 andsections 377 and 378 of the CPC.
Prosecution by the police prosecutor is
carried out in the Magistrate’s Courts andthe Sessions Courts. While the police
prosecutor performs prosecution in the
courts, they act on behalf of publicprosecutors.

before trial. The prosecutors can not give
directions to the police on how to conduct
investigation. Once the investigation by thepolice is completed, the case is sent to the
Attorney General’s Office, which can request
the police to conduct supplementary
investigation if necessary. The police has
no legal obligation to follow the request.
However, in practice, the Attorney General’s
advice or request is followed.
7. Nepalb) Role of prosecutors ininvestigations
Public prosecutors do not have the legal
authority to conduct investigations, savefor police prosecutors who haveinvestigative powers by virtue of the police
office. Public prosecutors, at best, advise
and instruct police investigators in thelegal efficacy and expediency of carryingout investigations. Thus advice relates tocases brought to the notice of prosecutors
during the investigation stage and thosecases whose files have been submitted tothe prosecution office for study with a view
to instituting criminal proceedings.
6. Maldivesa) Organizational structure of
the police and theprosecution
Police: The police is under the Ministryof Defense and National Security. The
police conducts investigation and canarrest suspects, as well as search and seize
on its own decision without warrants.
Prosecution: The prosecutors are underthe Attorney General. The Attorney
General is appointed by the President. The
other prosecutors (the State Attorneys) areappointed by the Office of the President.
b) Role of prosecutor in police
investigations
Prosecutors do not conduct investigations.
They do not meet suspects or witnessesa) Organizational structure of
the police and theprosecution
Police: The Police Headquarters areunder the Ministry of Home Affairs. The
police is authorized to conduct
investigation, detect suspects, manage
crime scenes and collect physical evidence.
The police can arrest a suspect with orwithout warrant and can detain for a periodof twenty-four hours without recourse to
the court or the prosecutor. However, thepolice should within that time bound (i.e.,twenty-four hours) produce the accused
before the court for additional time, if
needed for further investigation. If thecourt also deems necessary that theinvestigator needs additional time, thenthe court may permit him to detain asuspect for an additional period of twentyfive days. If the court feels that it is notnecessary to detain a suspect, he will
immediately be released. The investigating
police officer should take the statementsof witnesses and other third parties in thepresence of the public prosecutor. Whenthe investigating police officer concludes
his investigation, the results should besubmitted to the public prosecutor to frame
the charge-sheet.
Prosecution: The prosecutorial function
is independently exercised by the Attorney
General of the Kingdom of Nepal, which
he can delegate to his subordinate officers
too. Thus in Nepal, except for the Attorney

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General, no any other agency (neither theinvestigator nor the victim) can prosecute.
The Attorney General is appointed and canbe dismissed by His Majesty’ the King upon
the recommendation of the Prime Minister.
b) Role of prosecutors in police
investigations
Though the Nepalese public prosecutor
is not directly involved in investigating acrime and his participation during theinvestigation is limited, as and when theinvestigating police officer submits the caseto the public prosecutor, before putting it
forward to the court, the public prosecutor
can direct or instruct the investigating
police officer to collect some more evidence
or interrogate someone, if necessary. The
investigating police officer should obey
such directions or instructions.
8. Pakistana) Organizational structure of
the police and theprosecution
Police: The Federal Police is under the
Ministry of the Interior. The Provincial
Police comes under the Provincial Home
Department.
The investigation of crime is the
responsibility of the police. Like in mostcommon law countries, the police isempowered to arrest without a warrant forcognizable offenses and produce sucharrestees before the court within twentyfour hours. Thereafter, only the court has
the power to sanction further remand ofan accused person by issuing an extended
remand warrant of up to fourteen days.
Prosecution: The Attorney General is theultimate prosecution authority. He is
appointed by the President on therecommendation of the Prime Minister, andhe is also a cabinet minister of the federal
government.
The Advocate General is the Head of
Prosecution at the provincial state level,

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and public prosecutors are appointed by theprovincial government. The Attorney
General and his deputy represent thefederal government in the Supreme Court.
The Advocate General and the Assistant
the Advocate General appear in the High
Court on behalf of the government. In
District Sessions Courts and Magistrates’
Courts, the Public Prosecutors and District
Attorneys represent the government.
b) Role of prosecutors in police
investigations
Public prosecutors do not investigate
crime, but advise the police on better legal
approaches to investigations. They canrequest the police to do supplementary
investigation when evidence is lacking ina case. The prosecutors do not control orsupervise police investigations.
9. Singaporea) Organizational structure of
the police and theprosecution
Police: The police is under the Ministryof Home Affairs. The police conducts
investigations, and has power of arrest withor without a warrant for non-seizable andseizable offenses. It can also search andseize property upon a warrant from thecourt.
Prosecution: Public prosecution is underthe Attorney General’s authority. The
Attorney General, who is the Public
Prosecutor, is appointed by the President
on the advice of the Prime Minister. The
Deputy Public Prosecutors are appointed
by the Legal Service Commission or the
Senior Personnel Board. As for police
prosecutors, they are appointed by thepolice force.
b) Role of prosecutors in police
investigations
After the investigation by the police iscompleted, the case is sent to the Attorney

107TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
General’s Chambers. The prosecutors do not
conduct investigations by themselves, but
supervise and control the process ofevidence collection by the police. This isdone by giving advice and directions to thepolice on the conduct of investigations. Afterinvestigations are completed and when thecase is ready for trial, the prosecutors may
interview witnesses prior to going to court
to establish the credibility of the witnesses
or to clarify the issues. Should theprosecutors feel that the investigation isincomplete, they can return the case file topolice pointing out areas requiring attention
and what needs to be done.
The police investigator and theprosecutors maintain a good working
relationship.
10. Sri Lankaa) Organizational structure of
the police and theprosecution
Police: The police is under the Ministryof Defense. It exercises all powers ofinvestigation. The police can arrest anddetain a suspect up to twenty-four hours
under a warrant issued by the court. Thisdetention can be extended up to fifteen
days.
Prosecution: The Attorney General is thehead of all prosecutions. The Attorney
General is responsible for initiating andconducting all public prosecutions.
Prosecutors fall under the Ministry ofJustice. The Attorney General is appointed
by the President.
Police prosecutors are answerable to the
Attorney General in all matters affecting
their prosecutorial work.
b) Role of prosecutors in police
investigations
State Counsels are prosecutors in the
Attorney General’s Department. They areauthorized to direct or supervise
investigation. State Counsels have thepower to advise the police at any stage ofcriminal inquiry. Further, State Counsels
can require the police to carry out further
investigations into specific areas of a caseonce a review of the investigation file has
exposed deficiencies in evidence collection.
11. Thailanda) Organizational structure of
the police and theprosecution
Police: The police falls under the
Ministry of Interior. The power toinvestigate all criminal offenses is
exercised by the police. Section 121 of theThai CPC confers this power on police
officials. Police are also empowered tocarry out arrests, searches and seizuresand detain suspects by themselves. They
have the power to issue warrants bythemselves for purposes of search andarrest when necessary. The police candetain a suspect for up to three days prior
to a court appearance. The court can allow
the extension of remand warrants forintervals of twelve days up to a maximumof eighty-four days.
Prosecution: The Attorney General is therepository of the prosecution function. He
falls under the direct supervision of thePrime Minister. He is assisted by four
Deputy Attorney Generals, the Director of
the Criminal Litigation Department and the
Directors General of regional departments.
The public prosecutors under the Attorney
General’s Office are career professionals.
b) Role of prosecutors in police
investigations
The prosecutors are not involved inpolice investigations. They wait for theinvestigation report from the police. The
police inquiry file gives the prosecutors achance to deliberate and assess theevidential value and sufficiency of theinvestigation before deciding whether toprosecute or not.

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If the evidence is insufficient, they thenrequest the police to do further
investigations or to send witnesses to themfor further questioning.
12. Zambiaa) Organizational structure of
the police and theprosecution
Police: The police department is under
the Ministry of Home Affairs. The police
is the main investigative security organ of
the state. Police officers are empowered
both under the Police Act and the CPC toeffect arrest with or without a warrant, toconduct search and seizure, and to detain
suspects in police custody for a period oftwenty-four hours.
Detained suspects should be produced
before court within twenty-four hours forthe judicial authorities to determine thelegality of an arrest and subsequent
detention. However, section 33 of the CPC
allows the police to detain a suspect beyond
twenty-four hours for purposes of aninvestigation if the circumstances do notmake it practicable to produce him before
court within twenty-hour hours, but may
do so as soon as it is practicable.
Prosecution: The Director of Public
Prosecutors (DPP) is the prosecuting
authority. He is independent of the
Attorney General but comes under the
Ministry of Legal Affairs. He is appointed
by the President and enjoys aconstitutional tenure of office equivalent
to a puisne judge of the High Court.
State advocates and police officers areappointed by the DPP to act for him as
public prosecutors pursuant to sections 86
and 87 of the CPC.
b) Role of prosecutors in police
investigations
Public prosecutors are not investigators
either by law or practice. After the police
has done its inquiry, it forwards the inquiry

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file or docket to the prosecution office forstudy and advice.
Prosecutors may suggest to police
investigators from a legal point of view how
the inquiry should be conducted and what
elements of evidence to look for in order tosatisfy the offense. The police usuallycomply with the advice of prosecutors.
A prosecutor must satisfy himself thatthe investigation is thorough before he canproceed to court.
B. Countries in Which the Police andProsecutors Have Investigative
Authority
1. Cameroona) Organizational structure of
the police and theprosecution
Police: The public security police, thegendarmerie and the judicial police
constitute the main investigative agencies.
The gendarmerie falls under the Ministryof Defense and is responsible forinvestigations in the rural areas, where
police structures are in existence orinadequate. The public security police falls
under the National Delegation of Internal
Security, which is answerable to the
Republican President.
In the conduct of investigations, thepolice and gendarmerie act as judicial
police officers and assist the judiciary inthe control of the State Counsel. Generally
the judicial police is competent toinvestigate felonies and complex
misdemeanors nationwide and participatesin international investigations. It should
be noted that the control and supervisionof the judicial police in administrative
matters such as promotions, transfers anddisciplinary matters revert to thesupervisors within the police andgendarmarie command structures.
Prosecution: Prosecution is under the
Legal Department. The Minister of Justice
exercises overall control over the Legal

107TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
Department. The head of prosecution iscalled the Procureur General and assisted
by Advocate-Generals, Substitute-Generals
and Attachés. Only the public prosecutors
can initiate and conduct public prosecution
for and on behalf of the state.
b) Role of prosecutors in police
investigations
Under the Ordinance on Judicial
Organization, the State Counsel has
absolute power to conduct personallyinvestigations for all offences. However,in practice, he investigates in relation toserious offences such as murder andassassinations, particularly sensitive casesor those involving senior officials.
Where a crime has been committed, thevictim, witness or any person having
knowledge of the circumstances may reportthem orally or in writing either to the State
Counsel or any other investigative agency.
The State Counsel upon receipt of the crime
report forwards the same to the competent
investigative agency with specificinstructions as to the manner in whichinvestigations should be conducted. If
dissatisfied with the conduct ofinvestigations, he may order fresh orcomplementary measures.
Basically, there are two types ofinvestigations, that is, preliminary
investigation and flagrante delicto
investigations. Where a suspect is arrested
in relation to a case of flagrante delicto, thepolice shall conduct him to the nearest
State Counsel within twenty-four hours.
The suspect may only be detained
thereafter by order of the State Counsel.
The said order is valid for twenty-fourhours and may be extended thrice.
Thereafter, if investigations are notcompleted the suspect must be released.
The State Counsel has wide powers toorder any measures necessary during
investigation to enable him to obtainevidence that will contribute to the
manifestation of the truth. It is in thisregard that warrants of arrest, search,
remand, etc., are made his prerogative.
Investigation officers, (i.e., the police)
execute these warrants under thesupervision and control of the State
Counsel.
2. Chinaa) Organizational structure of
the police and theprosecution
Police: The police, under the Public
Security Organ, is responsible for thegeneral investigation of crime and exercise
powers of detention, arrest andinterrogation.
Prosecution: Public prosecutors fallunder the People’s Procuratorates, which
are the state organs of legal supervision.
The Procurator General of the Supreme
People’s Procuratorate is elected by the
National People’s Congress. The publicprosecutors are appointed and dismissedby the corresponding level Standing
Committee of the People’s Congress. The
prosecution performs its duty
independently.
b) Role of prosecutors in police
investigations
The People’s Procuratorates are
responsible for prosecutorial work;
approving arrest, investigating cases ofcorruption and bribery in public offices andinitiating public prosecution, as per CPL
Article 3. In other words, public
procurators, like the police, have theauthority to interrogate suspects, interview
witnesses, search, seize, inspect, examine,detain and arrest suspects. When the police
wishes to have a person arrested, it mustseek approval from the procurators.
Further, the law obliges the police to submit
itself to the supervision of the procurators
vis-à-vis police duties. This means thatprocurators have the power to require thepolice to file a case for investigation, send

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an officer to participate in the discussionof a major case investigated by the police
or demand that there be a re-inspection or
re-examination of evidence in matters ofcriminal investigation (CPL articles 66, 87
and 107). However, in cases of corruption,bribery and dereliction of duty committed
by state personnel and other major crimesof abuse of official powers, procurators filethe cases for investigation and subsequent
prosecution.
In reviewing the case that requires
supplementary investigation, theprocurator may return the case to the
Public Security Organ for supplementary
investigation and may also investigate on
its own.
3. Indonesiaa) Organizational structure of
the police and theprosecution
Police: The State Police is a componentof the Indonesia Armed Forces and is led
by the Commander-in-Chief of the Armed
Forces. The State Police is responsible forthe investigation of general crime. Article
7(1) of Act No.8/1981 gives power to thepolice to receive reports and complaints
about crime and take steps to establish theexistence of an offense and identity of an
offender. This includes the power of arrest,
search, detention, interrogation, andtermination of investigation.
Prosecution: The Prosecution Service isheaded by the Attorney General who is
responsible for the prosecution of all
criminal cases. Prosecution is under the
Attorney General’s Office. The Attorney
General is a member of cabinet.
b) Role of prosecutors in police
investigations
The public prosecutor has investigative
power in corruption and anti-subversion
offenses (Law No. 3 of 1971 and Law No.11/
Pnps/ 1963). These laws give wider powers

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of search, seizure, interrogation anddetention to prosecutors. Besides theinvestigation by prosecutors themselves,the public prosecutor exercises a great dealof control and influence over police
investigations. For instance, theinvestigator shall inform the publicprosecutor about the commencement of theinvestigation; the public prosecutor shall
grant extension of remand to theinvestigator for completing theinvestigation; the public prosecutor shallgive instructions to the investigator and theinvestigator shall complete the case bundle
according to the instruction of the publicprosecutor; and if the investigator stops aninvestigation, he shall inform the publicprosecutor, and, likewise, if the prosecutor
stops prosecution, he shall so inform theconcerned investigator.
4. Japana) Organizational structure of
the police and theprosecution
Police: The police of Japan consists of the
National Police Agency and the Prefectural
Police Headquarters. The National Police
Agency is supervised by the National Police
Safety Commission, and the Prefectural
Police Headquarters is supervised by thePrefectural Police Safety Commission.
Criminal cases are mainly investigated by
the police which belongs the Prefectural
Police Headquarters. The National Police
Agency conducts coordination between the
Prefectural Police Headquarters. The
police has investigative powers of all crimes
and exercises such incidental powers as
arrest, search, seizure and interrogation.
Prosecution: Public prosecution is under
the Ministry of Justice. The Public
Prosecutor General is the chief law officer
and prosecution authority.

107TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSEb) The role of prosecutors inpolice investigations
The public prosecutor has concurrent
investigative powers with the police. In
practice, the police does the initialinvestigation, after which the case with
documents is sent to a public prosecutor’s
office. In the same way, an arrested person
must be sent to a public prosecutor within
forty-eight hours. The public prosecutor
would then interrogate the suspect and, if
necessary, request police to carry out
certain complementary investigation to
obtain relevant evidence. Publicprosecutors also choose to interview thevictims of crime and witnesses before
deciding whether to prosecute or not.
Ordinarily, particularly in serious offenses,
public prosecutors get involved from thestart. The police report to the publicprosecutor concerning the investigation
and, together, the police and the publicprosecutor plan the investigation strategy,
the evidence required, and when to initiatecompulsory investigation. In cases
initiated by the public prosecutors office,public prosecutors conduct independent
investigation. The PPOs have a criminal
investigation division of specialized
investigators, mostly in economic crimes.
5. Republic of Koreaa) Organizational structure of
the police and theprosecution
Police: The Korean National Police isunder the National Police Agency (NPA), an
independent agency of the Ministry of Home
Affairs. The National Police Commission(NPC) conducts administrative supervision
over the police. Under the NPA, there are
Provincial Police Agencies in each province.
Police stations are administered through the
PPAS. The police serves as investigative
assistant to the public prosecutor, eventhough it may in practice initiate theinvestigation of most crimes. The Criminal

Procedure Code vests the power to initiate
and conclude the investigation of crime in
the public prosecutor.
Prosecution: The Public Prosecutor’s
Office belongs to the Ministry of Justice.
The Prosecutor’s Office is an independent
entity comprising the Supreme Public
Prosecutor ’s Office, five High Public
P r o s e c u t o r ’s O f f i c e , t w e l v e P u b l i c
Prosecutor’s Offices and their branches,
each corresponding to a respective court.
All public prosecutors are qualified
attorneys.
b) Role of prosecutors in police
investigations
As the law vests the power ofinvestigation in the public prosecutor, it is
the responsibility of the public prosecutor
to take a lead in initiating and directing
the conduct of criminal investigation.
Consequently, the police and special
investigative agencies conduct
investigations in accordance with thegeneral standard and/or special direction
issued by the public prosecutor, andnecessarily, transfer all cases to the pubic
prosecutor for the conclusion of aninvestigation.
In short, the public prosecutor has theauthority and duty to supervise judicial
police officials. The police must request the
public prosecutor for issuance of a warrantof arrest or detention by a judge.
It is noteworthy that in practice mostpublic prosecutors are enthusiastic to dotheir own probes into serious crimes. Casesof organized crime, white collar crime, drug
offenses, environmental offenses,
corruption, are mainly investigated andprosecuted by the public prosecutors
themselves.

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RESOURCE MATERIAL SERIES No. 53
6. Lao People’s Democratic
Republica) Organizational structure of
the police and theprosecution
Police: The police is under the Ministryof Interior. The Minister of Interior is Headof the police. He is appointed and dismissedby the Prime Minister. The police has thepower to investigate crime. This power
extends to arrest, search, seizure, and theinterrogation and interview of suspects andwitnesses. However, the police must obtaina warrant from the court or a prosecutor
in order to effect arrest, search or seizure.
Prosecution: The Attorney General
Prosecutor is the head of public prosecutors.
He is appointed and dismissed by the
National Assembly, on recommendation of
a Standing Committee. The Attorney
General Prosecutor appoints and dismisses
the chief of public prosecutors at provincial,prefectural and district levels.
b) The role of prosecutors inpolice investigations
Public prosecutors have the authority toinitiate investigations of all crime. They
have the power to arrest, search, seize andinterrogate suspects by themselves. They
can also issue warrants of arrest, search,
seizure and detention. Public prosecutors
can take up a case from the police andconduct supplementary investigation.
When the police get information about
crime, they normally report to prosecutors
about the case within forty-eight hours. In
practice, prosecutors only conduct
investigations of corruption by themselves.
The prosecutors work through the police,ordering them to execute warrants ofarrests, search, seizure and detention.
Public prosecutors, however, work very
closely with the police and conduct joint
investigations in cases of corruption.

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7. The Philippinesa) Organizational structure of
the police and theprosecution
Police: The police is under the Departmentof the Interior and Local Government(DILG). A police officer is appointed anddismissed by the Head of DILG.
The authority to investigate crime isvested in the police. This includes thepower to interrogate suspects, interview
witnesses, search and seizure and arrest
without warrant.
Prosecution: The prosecution is under the
Department of Justice. Public prosecutors
are appointed and dismissed by the
President of the Philippines on therecommendation of the Secretary of Justice.
When a complaint is submitted to a
public prosecutors office, the publicprosecutors also conduct investigation,
which they call “preliminary investigation”.
During the preliminary investigation,
public prosecutors have the right tointerrogate the suspect and interview
witnesses, but they do not have the rightto execute other investigative measures.
The police and the public prosecutors caninvestigate all kinds of cases, except graft
and corrupt crime.
b) Role of prosecutors in police
investigations
Prosecutors have no hand in theinvestigation of the police. In thePhilippines, the police and the publicprosecutors office belong to different
ministries, and, thus, they work
independently. Once a case is investigatedby the police, it will be the only
investigating agency, and the publicprosecutor is not involved in the case.
Public prosecutors do not conduct
supplementary investigation bythemselves, and cannot take over the casefrom the police.

107TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
IV. DRAWBACKS AND PROBLEMSOF INVESTIGATIONS CONDUCTEDBY POLICE INVESTIGATORS
Investigation into the breach of criminal
laws plays an important and primary rolein achieving justice and fair play in every
society.
The group after studying therelationship between the police and theprosecution during investigation has
identified some drawbacks and problems
in police investigation.
A. Inappropriate Procedural
Approach
Inappropriate procedural approaches
include where investigators engage inillegal investigations such as arresting or
detaining suspects without a legal basis or
beyond the legalized period and the use ofexcessive force on suspects when seizing
physical evidence and obtaining thestatements. When the latter happens, suchstatements are rejected by the court, withthe consequent result of not obtaining aconviction in that particular case. This
happens in countries where statements
taken by the police are admissible in the
court.
B. Delay in Investigations
Delay of investigation could be due todifferent reasons. In Japan, sometimes forvery important and sensitive cases, thepolice takes a long time. Moreover, publicprosecutors also are in the picture and in
the collection of some important evidence,delay can happen. In the Republic of Korea
sometimes when suspects have moved toanother place, the cases are transferred
and this can cause delay in investigation.
Delay, for example, occurs in somecountries in a case where two or moresuspects are involved but the police couldarrest only one. After the maximum period
of detention expires, the suspect is
produced before the court which places him

in a detention center or judicial custody. Insuch cases, the police can request the court
for adjournment of trial till the othersuspects are arrested. In this situation,
the investigation can be delayed. This way
the justice for victim as well as defendantis delayed. This situation is sometimes
justified, but sometimes due to other rush
work, the police becomes lazy.
Delay in investigation could be due tothe following reasons:(1) Excessive work load of investigators
at a given time which may either be
due to an increase in crime or ashortage of manpower. This ismostly in countries whereprosecutors do not assist ininvestigations. When suchsituations exist, efficient andeffective investigations are
sacrificed. In some instances suchdelay leads to the discharge of theoffenders in the court.
(2) In some instances, the police
initiates investigation very late, andconsequently, either the suspectescapes or implements used in thecrime are destroyed.
(3) The frequent deployment andtransfer of police officers are causes
which contribute to delays ininvestigation by the police. An
officer does not undertake his careerat one station or in one unit. Whenit happens, discontinuity is createdin the investigation of cases whichthat officer may be handling.
C. Inadequate Legal andInvestigative Knowledge
1. It was realized that some investigatorslack adequate knowledge. The problem isthat during investigations, they at times do
not understand correctly who should be thetarget of the investigation, what crime theoffense constitutes, what evidence to lookfor, and how to interrogate the witnesses

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and the suspects. The training offered tothem during their recruitment is not jobspecific and is usually very short (six months
or, at most, twelve months). They, therefore,
become ill-equipped for the job that theytake on.
In some situations, the investigation is
not fully carried out on alibi, the search is
not fully conducted for the important
evidence, the statements of witness as wellas the accused person are not recorded
correctly, and there may be contradictions
among the evidence, which the investigator
may not be able to notice due to the lack ofadequate legal and investigativeknowledge.
2. Due to advancements incommunications and the introduction of theInternet, organized criminals use themodern techniques for which theinvestigators, police and prosecutors are
not much trained. Consequently, they facedifficulty in completing the investigations
into offenses committed by use of suchmodern technologies.
D. Lack of Coordination between the
Police and the Prosecution
In studying the system of countries, it
was observed that the police and theprosecution are under different
departments. The police and theprosecution sometimes lack coordination
on investigative issues. The approach ofpolice and prosecution are sometimes
different. Sometimes the prosecutor has adifferent idea necessary for achieving goodinvestigation results. However, due to thelack of coordination, it can not be
communicated to the police.
In some countries, prosecutors only get
to know of cases after the investigations
have been completed and they are asked
to prosecute the cases. It may be too lateeven for the prosecutor to suggest for
additional investigations for the collectionof additional evidence. Sometimes the320

police does not convey the necessary
information to the prosecutor, and, in suchcases, the prosecutor can not advise at theappropriate time.
E. Lack of Forensic Science
Facilities
In some countries where the forensic
laboratories for testing fingerprints, firearms, DNA, etc., can be conducted are few
or situated at far distances. As a result, in
the investigation of such related cases, thematerial evidence may arrive very late,thereby impairing the early completion of
an investigation. Due to the lengthy
procedures associated with scientificevidence, the police tries to avoid its use
and rely on easy ways to collect evidence.
F. Political/Governmental Influence
In some countries where the police iscontrolled by the executive, politicalinfluence is exerted in some cases
investigated by the police. These influences
may come in the course of investigations,when high-ranking government officials
and politicians have a direct or indirectinterest in the case.
V. ROLE PLAYED BY
PROSECUTORS IN OVERCOMING
THESE DRAWBACKSThe group identified that prosecutors
play diverse roles in solving the problems
and drawbacks identified above. Howeverthese roles depend on the enactments
establishing the police and the prosecution
and the commitment to work together toachieve criminal justice in their countries.
The group members suggested thefollowing roles which prosecutor could playin overcoming these drawbacks.
A. Suggestions for Inappropriate
Procedural Approach
In such cases, the prosecutor should
immediately study an investigation and107TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
suggest to the police to undertake theinvestigation in the right way according tol a w. I n c a s e s w h e r e e v i d e n c e i sinadmissible in court due to illegal
investigative procedure, the publicprosecutor should tell the police that theevidence is inadmissible and request themto look for other evidence. In serious cases,
the public prosecutor should release thesuspect and drop the case. Also prosecutor
can recommend for administrative action
against the police officer.
While studying the systems as to thisissue, it was observed that in Japan
prosecutors carefully inquire and interview
the suspects and witnesses regardingwhether excessive force or threats andother mental pressures were used inseizing the physical evidence or obtaining
the statements by the police. They also look
into the admissibility of evidence, and ifthey feel that the evidence will be foundinadmissible, the prosecutors will instruct
the police to look for other evidence. In
serious cases, the prosecutor releases thesuspect and drops the case. In the Republicof Korea, the prosecutors have to inspect
the police detention facility regularly. If
any illegality by police is discovered, they
release the suspects or order the police tosubmit the case to the prosecutors
immediately. Similarly, in China, when theprosecutors learn of an illegal investigation
through a complaint by the victim, a Bill isissued to the police demanding correctionof the illegality. In Indonesia, prosecutors
play role in cases of torture by asking thepolice to release the suspects as soon as
possible. They ask the police to release andalso recommend for action against thepolice.
In countries like Ghana, India, Pakistan
and Zambia where prosecutors have nopower of investigation, senior police officers
make frequent visits to the police detention
facility, and if any suspects are found tohave been held beyond the legal detention
time, their release is ordered. In somecases, the investigation is also transferred
to another police officer.
B. Suggestions for Delays in
Investigation
The group has suggested as under toavoid delays:
1. For cases of public interest, theprosecutor can ask the senior police officers
to reduce the work load of a particular
officer so that he can complete theinvestigation of such cases.
2. In a system where the prosecution isin a position to know the progress of a caseor receive complaints from the public withregard to delay of investigation, theprosecutor can ask the police to report on
the progress of an investigation form time
to time and also to explain the reasons forany delay. The prosecutor should give
instructions and guidance in order to
expedite the investigation.
In those countries where the prosecutor
has no legal authority to know the progressof an investigation, it is suggested thatsome legal provision be made so that thisis possible.
3. Senior police officers should avoid
transferring any investigation officer who
is involved in an important investigation.
The prosecutor may also suggest that thesenior police officers to stay such transfer
till the completion of the pending
investigation.
C. Suggestions for Inadequate Legaland Investigative Knowledge
1. Regarding inadequate knowledge ofinvestigation and law, it was suggested theprosecutors be allowed to give from time
to time guidance to the police in each case.
Also it was suggested that on-the-job
training and short-term refresher courses
be arranged where prosecutors are allowed
to give lectures as to how cases are

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conducted in the court and value of
evidence.
2. In consideration of advancements intechnology, special training programs
should be introduced for the police and theprosecutors. In this case, immediatetechnical help can be taken by companies
which are producing such technology. The
opinion of such experts can be sought
during investigation. The police and theprosecution departments should haveexperts on computers.
D. Suggestions for Lack of
Coordination between the Police
and the Prosecution
It was suggested that the police and theprosecution should have regular and ad hoc
meetings from time to time. During suchmeetings, the police can discuss the
position of pending investigations andprosecutors can advise on these so that theinvestigation can be completed in a correct
and timely manner. In important cases,
the police and the prosecutors should havemeetings during the investigation andbefore the indictment for such cases,
wherever needed.
In countries where prosecutors have arole during investigation like China, Japanand the Republic of Korea, such meetings
are often held. But those countries where
there is no such provision (though
unofficially they might be holding meetings
but not often), it is suggested that a system
be initiated where the police and prosecutor
have regular meetings.
E. Suggestions for Lack of Forensic
Science Facilities
Regarding shortage of forensic sciencefacilities and laboratories, the investigatorshould prioritize the collection of evidence.
Those which are important and require
technical opinion regarding fingerprints,
chemical examinations, DNA testing,firearms report, etc., should be completed
as early as possible. In such cases, the322

prosecutors should also give guidance toinvestigators in identifying the importantscientific evidence.
It is also suggested that more forensic
science laboratories be equipped, since insome countries there is only one.
The prosecutors should also advise thepolice about the importance of scientificevidence like blood tests in murder cases,
or in cases where firearms are used,ballistic tests.
F. Suggestions for Political/
Governmental Influence
To avoid political pressure in seriousorganized or corruption cases against
politicians and senior civil servants, theinvestigator should try to maintain thesecrecy of evidence. After the arrest of thesuspect, they can give proper information
to the media so that they can get support
from the public and can avoid suchpressure.
Where prosecutors have the authority toinvestigate, they should give instructions
to police for proper investigation. In spiteof these instructions, if the police is still
under political pressure, the prosecutors
should take over the investigation.
Both the police and public prosecutors
should show professionalism and act
according to the law.
It is suggested that an agency beestablished which is free from influence
from the executive and which has theauthority to call case papers from police,
when it feels that some politicalinterference is involved. In such cases, it
should take immediate legal action against
such illegal influence.
VI. INVESTIGATION INITIATED BY
PUBLIC PROSECUTORSIn Cameroon, China, Indonesia, Japan,
Laos, the Philippines and the Republic ofKorea where prosecutors also have theauthority to initiate the investigation of

107TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
cases, they do not investigate all the cases
in practice.
In China, according to Article 18 of the
Criminal Procedure Law of the People’s
Republic of China, “with regard to thecrime of corruption and bribery, the crimeof dereliction of duty committed by state
personnel, the crime of illegal definition,
extorting confession by torture, retaliationand framing and illegal search to infringeon citizens’ rights of the person committed
by state personnel who take advantage ofthe functions and powers and the crime of
infringement on citizens’ democratic rights,
peoples procuratorates (publicprosecutors)” should file such criminalcases for investigation.
In Japan, Article 6(1) of the Public
Prosecutors Office Law states “Publicprosecutors may investigate any criminal
offense,” and Article 191(1) of the Code of
Criminal Procedure states “A publicprosecutor may, if he deems necessary,investigate an offense himself.” In practice,
however, they investigate major corruption
tax evasion or bankruptcy cases, etc.
In Indonesia, the prosecutors investigate
corruption and subversion cases. Moreoverin subversion cases, the prosecutor is
assisted by the police and the army forsummoning witnesses and arresting
suspects.
The Criminal Procedure Code of the
Republic of Korea vests the power of theinitiation and conclusion of criminal
investigation solely on the publicprosecutor. The police and other special
investigative agencies serve only as
assistants to the public prosecutor andshould conduct investigation in accordance
to the general standard and/or special
directions issued by the public prosecutor.
Most cases involving serious offenses suchas organized crime, white-collar crime,
corruption, drug offenses andenvironmental offenses are handled by the
public prosecutor from the beginning.

In Cameroon, Laos and the Philippines,
public prosecutors have authority toinvestigate the case, but in practice mostcases are investigated by the police under
the supervision of prosecutors.
In countries where prosecutors initiate
investigation, it was realized that due tothe effective role of prosecution, there arecertain benefits which lead to a goodinvestigation. As prosecutors haveadequate legal knowledge as well as
conversant in legal interpretation, they
prepare good cases for indictment. Theirability and experience have been deemed
as a benefit for the law enforcement system
in combating crime. Earlier involvement
by prosecutors in investigation, guarantees
a successful prosecution and conviction.
VII. PROBLEMS IN
INVESTIGATIONS INITIATED BY
PUBLIC PROSECUTORS
In countries where prosecutors have theauthority to initiate the investigation suchas in China, Indonesia, Japan and theRepublic of Korea, the group workshop has
found some problems faced by the publicprosecutors, namely:
A. Limited Number of Prosecutors
In most prosecution offices, there is alimited number of prosecutors andassistant officials, especially for initiating
the investigation. As it has been realized,
initiating the investigation has been timeconsuming since the public prosecutors
have to conduct investigation bythemselves (such as collecting evidence
interrogation of the suspects andwitnesses, search and seizure, etc.). At thesame time, the number of cases that mustbe handled has been increasing. This
problem is more serious when theprosecutor ’s office has to deal withprosecution in the court and supervise thepolice investigation.

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B. Difficulty in Finding Clues andCredible Evidence of Crime
The cases committed in secrecy like
corruption and bribery are difficult to
detect, as there is no direct victim.
Evidence is hard to come by due to thesecrecy surrounding these transactions.
In such cases, public prosecutors rely on
the statements of witnesses and theconfession of the suspects. However, thesuspects tend to deny the facts and thewitnesses tend not to cooperate with the
public prosecutors in the trial stage.
C. Media Publicity
When competition for giving news starts
in the media, it becomes difficult to keep
the secrecy of an investigation, and once
information is leaked, the related persons
and suspects do not cooperate in theinvestigation, the suspects and thewitnesses could escape and also the defense
councel of suspects becomes more active,
thereby making investigation difficult. In
sophisticated cases, the suspects and thewitnesses destroy the evidence, whichfurther frustrates proving the offense.
VIII. SOLUTIONS TO THE
PROBLEMS IN INVESTIGATIONINITIATED BY PUBLICPROSECUTORS
In view of the problems in investigations
initiated by public prosecutors, the group
workshop identified some possible
solutions, namely:
A. Suggestions for Limited Numberof Prosecutors
1. Investigation of Selected Cases
To overcome the problem of overwork, it
can be suggested to the appropriate
authority that the number of prosecutors
be increased. However, while it is difficult,the investigation of selected cases like thoseof corruption against civil servants,
politicians, subversive activities, cases of324

national interest, etc., could be given
priority.
2. Temporary Attachment System
If in some offices the work load is tooheavy, some prosecutors from other offices
could be temporarily attached to assist.
3. Cooperation between
Prosecutors with the Police andOther Investigative Agencies
In view of the limited number ofprosecutors, when initiating andconducting the investigation of cases,
public prosecutors can ask for cooperationfrom the police if necessary. There may be
relevant cases which are found as offshootsof another investigation initiated by the
public prosecutors and which can beinvestigated by the police. In such cases,
the public prosecutors can ask the police
to investigate such offshoots. It issuggested that when prosecutors needsome help, the police should extend
immediate cooperation.
As in China, Indonesia, Japan and theRepublic of Korea, in special cases of taxes,
customs, security transactions, the officersof respective department give permanent
cooperation. In Japan, some tax officers
are permanently attached to the special
investigation department of theprosecutors offices.
B. Suggestions for Difficulty Finding
Clue and Credible Evidence
Public prosecutors should have theirown sources of information, which canprovide clues to cases. The publicprosecutors can also ask the public to assist
in giving information. While investigatingother cases and examining relevant
documents, public prosecutors must try tofind clues of other big offenses. Publicprosecutors should also pay attention to thecorrespondence from the public relating to
information on cases.

107TH INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
In Japan, public prosecutors can obtain
information relating to all crimes directlyfrom the public or government officials
through all means of communication,complaints and so on. In China, there is acriminal report center in each public
procuratorate office, where they receive
information about crimes from the public.
This information is subsequently sent to
the most appropriate departments. In
Indonesia, there is “P.O. Box 5000” forreceiving such information.
While recording the statements of thewitnesses and suspects, public prosecutors
have to obtain credible and concrete
statements, which will support aconviction.
C. Suggestions for Media Publicity
When the media competes for
information, it becomes difficult for
prosecutors to conduct an investigation. In
such cases, the secrecy of information andinvestigation must be maintained.
The senior officers of public prosecutor’s
offices or the public relations department
should brief the press from time to time sothat the media does not publish articles
based on mere speculation or conjecture.
IX. CONCLUSION
From the study and discussion of thecriminal systems of different countries, it
was gathered that for any criminal justicesystem to succeed, each pillar of criminal
justice administration has to play animportant role. The group workshop
studied the role of prosecution andprosecutors in investigation. It wasobserved that prosecutors have a twofold
role in investigation and prosecution.
These roles are commonly established in
the criminal procedures of each country,
but tend to differ from country to country.
During the study of the criminal systemsof those countries where prosecutors havean authorized role in police investigationor where they have the authority toinvestigate, the results of investigation aregood and the conviction rate are higher.
Conversely, in those countries whereprosecutors are not authorized toinvestigate and do not have any role during
investigation, the conviction rate iscomparatively lower.
The other benefit can be that prosecutors
could give reasonable instruction or advice
to police, keeping in view their experienceand knowledge. This also contributes toshortening the time period for theinvestigation.
As discussed in the proceeding
paragraphs, it was acknowledged thatinvestigation by prosecutors is very
beneficial due to their adequate knowledgeof law and legal interpretation. This
experience improves the standard ofinvestigation.
It is noteworthy that investigation andprosecution are fundamentally linked andinseparable. Consequently, where thosepowers are not deposited in one agency, therelevant investigation and prosecution
agencies must complement each other,always realizing that neither function or
agency is inferior.
The members of the group workshop
concluded that the role of prosecution must
be made effective in order to have a good
criminal justice system. It is expected thatthose countries where prosecutors have norole in investigation, will also realize theimportance of such role. In these countries,
the system should be modified so thatprosecutors can play an active role in the
improvement of investigation and thereby
assure due process of law.

325