Ethics of Public Prosecutors -Lecture not

CHAPTER FIVE
ETHICS OF THE PUBLIC PROSECUTOR

Introduction
• As a principle by prosecution we mean the process of or the act of a criminal
proceeding in which an accused person is tried. And
• The public prosecutor is a public official and of course a lawyer that represents
the government (public) against an accused (suspect) in a criminal proceeding
before a court of law.
• In exceptional instances the public prosecutor may involve in civil matters on
behalf of the government.
• For getting public confidence, prosecutors are appointed by the competent organ
that administers.
• Most common PP eligibility criteria's are:
Age;
Nationality/citizenship/;
Loyalty and acceptance of national laws of the concerned state ;especially the constitution;
Being a lawyer ;

Cont’d…..
 Ethical requirements, mainly honesty, integrity, loyalty, impartiality, legality,
diligence and having good public image;
Having no criminal record except petty offences and offences punishable
upon complaint or convicted but reinstated; and
Some require experience
• In a similar fashion, the Federal Prosecutor Administration Council of
Ministers Regulation No 44/1998 Article 4 provides requirements for
the appointment of public prosecutor which are:
Ethiopian citizen;
loyal to the FDRE Constitution;
a graduate in law with degree or diploma from a recognized University;
distinguished himself by his diligence, loyalty and good character; and
is of 18 years of age and above may be appointed as a prosecutor.

Objective of Public Prosecution
• public prosecutor’s office:
(1) shall be an integral institution of judicial power that shall carry out supervision of law
abeyance independently, within the limits of authority established by this law.
(2) shall be to react in the event of any violation of law and to ensure review of such violation in
accordance with procedures set by the law.
(3) shall be such official of the Public Prosecutor's Office who hold any position provided by
pertinent laws.
Basic Functions
• The Public Prosecutor's Office shall:
1) supervise activities of inquiry institutions and operative activities of other institutions;
2) organize, conduct and perform pre-trial investigation;
3) initiate and carry out criminal prosecution;
4) prosecute on behalf of the State;
5) supervise implementation of penalties;
6) protect rights and lawful interests of persons and the State in accordance with procedures
established by law;
7) submit claims and applications to courts in cases stipulated by law;
8) take part in court review of cases when required by law.

Legal Basis and Basic Ethical Principles for the Functions of
Pubic Prosecutor
Legal Basis
• Subject to preemptory norms; the legal basis of activities of the public prosecutor
shall be the national laws of the country concerned especially the Constitution.
Principle
1. Independence of Public Prosecutor
• In their activities, public prosecutors shall be independent from any influence by
any other institution or official of either legislative or executive branch and shall
obey to laws only.
• The government also shall pave conducive conditions to be independent.
• For attempts to influence public prosecutors by unlawful methods or to interfere
in activities of the Public Prosecutor's Office, persons shall be liable according to
law.

Cont’d….
• The public prosecutor shall also be free in the performance of his/her
professional duties, dissociating himself/herself from any private
interests.
Eg. the Anti-Corruption Commission Regulation No. 4/2002 under its Article
5(1) provided that any public prosecutor shall defend the independence of the
prosecution, be honest and maintain the reputation and respect of his
profession.
• In order to discharge his function freely with in the scope of his
power the law should guarantee some sort of privilege or exemption
from responsibility.

2. Confidentiality
• The public prosecutor should respect the principle of confidentiality of information he/she has
acquired during the performance of his/her official duties except for legal reason:
 The information is of minor importance or
 is a public knowledge.
• The public prosecutor shall not use the acquired information for his/her private interests nor allow
the use of such information in the interest of other private individuals. (Article 6 of Council of Ministers
Regulation No 44/1998 and Article 5(5) of the Anti-corruption Regulation No. 4.2002).
3. Competence and Diligence
• Competency connotes the ability of the public prosecutor to discharge his responsibility in
reasonably well manner.
• S/he should upgrade his/her knowledge and skill by strictly attending the day today changes in the
content of the law whether through education or training.
• PP has big and considerable responsibility he/she assumes.
• PP should give decisions timely and promptly taking in to account public money, public reliance
and confidence upon the undertaking and still respecting the right to speedy trial of a person
accused as is stated under Article 19(4) of the FDRE Constitution.
• Article 15 of Regulation 44/1998 required the public prosecutor to respect government working
hours.

4. Loyalty and Avoidance of Conflict of Interest
• In all his activities, the public prosecutor is expected to be loyal.
• the public provide always represents the interests of the government and the
public.
• Conflict of interest refers to a certain affair that immediately contradicts with one’s
responsibility disabling the same to decide fairly and without any form of bias.
• The public prosecutor may encounter a case which he/she cannot give
independent and impartial decision due to the existence of direct or indirect self
interest in the issue or the interest of a family, partner and the like.
• Article 68(1) of the Council of Ministers Regulation No. 44/1998 states that the PP
shall to inform forthwith about the existence of conflict of interest with the case to
higher officials.
• under Article 6(9) of Anti-corruption Commission Regulation No 4/2002 specifying
that any public prosecutor should refrain from indirectly a private or family case
being handled by other prosecutors.

In relation to the Accused, the Court and Other Institutions
• Achievement of justice is the effect of the cumulative effort of all
branches of government.
• The public prosecution office is a hierarchical institution, which is
accountable to the Ministry of Justice (at the Federal level) or to
Justice Bureau (at the Regional level)
• The public prosecution forms one division of the executive organ.

Accused/Suspect/
1. Ethics in the Pre-trial Stage
• When PP prosecutor carries out investigation, s/he has to disclose
some rights to the accused.
For instance, the PP has to tell the accused about the right he has like the right
to keep silent and whatever he tells will be used as evidence against him in the
court.
• It is also not proper if the public prosecutor encroaches in the legally
recognized rights of the person prosecuted.
• it is not ethically proper to do acts contrary to the truth and justice.

2. During Trial
• The activities of the public prosecutor also continue in the process of trial
of the case.
• Where the public prosecutor has instituted a charge against a certain
person suspected of committing crime, he should always be present in the
court.
• If the public prosecutor is unable to be present for a reason beyond his
scope (force majeure) he has to notify to the office of prosecution as early
as practically possible.
• Apart from presence in the court, the public prosecutor should respect the
principles of public and adversarial debate. Like public hearing.
• it is unethical if the public prosecutor claims to intervene in civil
proceedings except in few civil matters.

3. The Court
• The public prosecutor’s activity is highly related to the court.
• In his day-to-day relations with the judges in the court, the public prosecutor should respect the
independence of the judges.
• Basically, the public prosecutor is expected to accept and comply with the orders and decisions of
the judges.
4. Other Institutions
• Splendid isolation is becoming old-fashioned and ineffective because justice is the cumulative
effect of different organs of the government. Hence, pp should work in corporation with other
institutions preserving his independence.
• The public prosecutor respects the orders of the Ministry of Justices or the Bureau, as the case
may be.
4.1. In relation to the Police
• The public prosecutor as superior should treat ethically.
• The public prosecutor can discharge this duty by frequently paying visits to police stations.
• Apart from paying frequent visits, the public prosecutor is expected to go in person to the scene
of any reported serious offence.

4.2. In relation to the Public
• The PP in relation with others, it should be limited and must be inline with the
ethical principles of public prosecutor.
• He has to make Endeavour not to affect the human and democratic rights of
persons in general.
• The following are some sensitive activities of PP in his social interactions:
A. Borrowing Money and Gifts
B. Involvement in income generating business; and
C. Any shameful action
• The Regulation under Article 66 connotes that persistent borrowing is prohibited.
• Money, gifts in kind or any other form of consideration solicited or otherwise
should not be taken by the public persecutor from any person or organization
with respect to the official duties he has discharged or is expected to discharge.

Engaging in Activities outside Official Duties
• Article 71 of the Regulation of the Council of Ministers directed that
any prosecutor shall during normal working hours devote his full
energy and attention to his official duty for which he is paid (sub (1).
• Article 71/1/b, the public prosecutor can take part in other activities
than the prosecution undertaking.
Example, the public prosecutor may teach, train and give lecture with regarding
to the law and still can write about the law without eroding the office
responsibility.
• In doing so, the PP should first secure the permission of the Minister
of the Ministry of Justice (Art. 71/2).

Other Ethical Considerations
• Even if such issue is not specifically addressed under the code of
conduct of PP, they should not be involved in any partisan activities
including political parties or other political organizations.
• The public prosecutor has to dress socially acceptable clothes,
recreate in dignified places outside his office.
• Any public prosecutor shall not carryout his duty intoxicated with
alcohol or drug and shall keep oneself from being addicted by virtue
of Article 10 of Anti-corruption Commission Regulation 4/2002.

Liability for Violation of Codes of Conduct for Prosecutors
1. Administrative (Disciplinary) Liabilities
2. Criminal Liability
3. Civil Liability

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