Public prosecution is the state's means of exercising its authority to impose punishment on criminals, as every crime generally gives rise to society's right to punish the perpetrators. While society's right to punish a criminal arises as soon as the crime is committed, the act of committing the crime does not automatically entail punishment. Instead, it must be preceded by measures that ensure society's right to impose punishment on the criminal while granting them all the rights and guarantees to defend themselves.

Since a crime represents an assault on society as a whole, society has the right to punish the perpetrator, making it the holder of the public lawsuit. As society cannot file and pursue this lawsuit itself, it delegates this task to the Public Prosecution. The Public Prosecution files and conducts the public right lawsuit in the name of and on behalf of society, and it cannot be initiated by any other entity except in cases specified by law.

In fulfilling its mission entrusted by society, the Public Prosecution acts as an adversary in the lawsuit, with its primary goal being to demand the imposition of punishment prescribed by law. However, if it becomes clear after the preliminary investigation phase that there are no grounds to continue the public right lawsuit against the defendant, it decides to prohibit their trial and halt the proceedings at the point they have reached.

While it is in society's interest to impose appropriate punishment on offenders, it is also in its interest not to impose any punishment or measure that would compromise the dignity or limit the freedom of any innocent person. This is in accordance with the principle that a person is innocent until proven guilty. Therefore, an individual should not remain under the threat of restrictive measures until the case is referred to the court and a verdict of acquittal is issued. The Public Prosecution must investigate the case to determine its suitability for hearing before the trial judges. If the evidence suggests the guilt of the accused, the case is referred to the judiciary to exercise its authority to decide on it.

• ISBN: 9789957165079
• Weight: 0.650 kg
• Size: 17x24 cm
• Paper: White
• Pages: 272
• Year of Publication: 2010
• Binding: Hardcover