Pre Prosecution and Prosecution by FD 1 Preliminary

Pre Prosecution and Prosecution by FD 1

Preliminary Prosecution Why there is pre-prosecution? • Compartment system in Indonesia = Investigation conducted by Investigator/Police, and Prosecution by General Attorney • Common Law: prevail UU Magistrate Law or special section Lawyer in Commonl Law = District Attorney or Investigators. 2

Pre Prosecution Definition in HIR System: Judges = Sitting Magistrate= Judicative DA = Standing Magistrate = represent the State = Executive? Police= Algemene Politie (under the DA), Bestuur Politie (under the District Government), Staats Politie (State Police), Special Police. Prosecution by FD 3

Competency who conduct Prosecution n n Investigative Attorney= Jaksa peneliti = “P 16 attorney”. Examine the completion of dossier (investigative minutes). france = judge d'instruction. “Form P 19”= requested by DA to complete the dossier. Complete dossier = Form P-21. Universal System = should be investigated by special Magistrate/Court, or at least by Head of General Attorney. Prosecution by FD 4

Pre Prosecution (1) n Definition: Not stated in CP Code (Art. 14 B). See Procedure: Art. 110 and 138 n Term of Pre Trial in Common Law System = Pre Adjudication in continental Law system Prosecution by FD 5

Terms n n n Term of Suspect: Used since Investigation session up to Pre Adjudication Session. Term of Accused: Used In Trial Term of Convicted: Used since there is final and binding verdict. Prosecution by FD 6

Procedure Two Steps of Pre Prosecution (Art. 8 (3) CP Code: 1. Step 1: Submission of dossier of Case if its stated complete –or P 21– Step 2) 2. Step 2: Responsibility of Physical Evidences and the Suspect (s). Prosecution by FD 7

Completion of Dossier: Terms of Completion : 1. Formil: Authorized official? Arrest, Detention, Search and Seizure according to Rule? Right ID? Complaint/Report? Evidence? n Prosecution by FD 8

Material Completion: n Offense? n Minimum Evidence? n Ommission? n Tempus Delicti? n Locus Delicti? Prosecution by FD 9

PROSECUTION (1) Definition: Art. 1: 7 Competency: 1. CP Code: Art. 13 jo. 137 a. Public Prosecutor (PP) b. Investigator under the power of PP: Art. Ps. 205 Prosecution by FD 10

Competency (2) 2. Non CP Code: a. Human Right Crime: PP Ad Hoc (Non Career and Career PP) b. Corrupction Crime: Dual Method n Prosecution by FD 11

Dual Method in Corruption Crime: I II Investigation Police Investigator/ Public Attorney Investigator at KPK (Corruption Eradication Commission) Prosecution Public Prosecutor at KPK Trial District Court Corruption Crime Court. Prosecution by FD 12

AUTHORITIES of Prosecutor n Art. 13: Public Prosecutor is a public attorney conducting prosecution and execute the ruling of the judge. See Art. 14 CP Code: a. Examine the dossier submitted by investigator (1 st Session of Pre Adjudication- See Also Art. 138) n Prosecution by FD 13

Authorities (2) b. Conduct Pre Prosecution (1 st Session of Pre Adjudication – See also Art. 138 -139 CP code) c. Grant extension of detention, carry out detention or further detention, change the status of detainee (See Detention) d. Prepare bills of indictment (Most important authority- See Art. 140 (1) & 143 (1) CP code) e. Bring action before the court (see Art. 1 para 7 CP code) f. Give notification Prosecution by FD 14

Authorities (3) To conduct a prosecution (see art. 1 para 7 and Art. 137 CP code) h. To close a case in the interest of Law (for the reasons of: insufficient evidence, complaint offense – See Art. 183, See Penal Code Art. 76, 77, 78, if the event is not regarded as an offense/crime – See Art. 140 (2) CP Code). i. To execute rulings of a judge g. Prosecution by FD 15

Authorities (4) i. To execute rulings of a judge Court Judgement: 1. Verdict: execute by Public Attorney 2. Ruling: execute by Public Prosecutor Prosecution by FD 16