the victim and the defendant. The courts adjudicate upon criminal matters by conducting trials in accordance with the law. Moreover, the criminal justice system in Pakistan is a colonial remnant and is unable to meet the challenges of the rising crime rate and the associated complexities involved in the dispensation of justice. Prosecutors are the most powerful actors in the criminal justice system. The legal framework of policing primarily supports the detection model of policing by providing the legal basis of investigation and subsequent processes; it provides very limited powers of preventing crime to the police organizations. The United States has what is known as an “adversarial judicial system” – in other words, criminal cases are contests between two opposing sides, the prosecution and the defense, which ensures that evidence and legal arguments will be fairly presented to the court by both sides. In Pakistan, conceptually, every district should have a district prison and for every division, there should be a central prison; however, in practice, the district and central jails have not been provided to all districts and divisions of the country. [5] Article 204 of the Constitution of Pakistan, 1973. The Current Role of the Prosecutor. ... Role of Federal Shariat Court in Islamization of Laws in Pakistan The ineffectiveness of Pakistan’s criminal justice system has serious repercussions for domestic, regional and international security. The traditionally strong executive has remained central to power and has kept the legislature and the judicature peripheral by controlling the purse. [6] Especially, Articles 8, 9, 10, 10-A, 11, 12 and 13 of the Constitution of Pakistan, 1973. 492-495 of the Code of Criminal Procedure, 1898] (September 10, 2014). Unfortunately, due to a lack of investment in corrections, the results of the corrections system are limited and their facilities are virtually merged into prisons establishments. "Prosecutors have a powerful and generally little-understood role in the criminal justice system. The five pillars or systems must work in concert with each other with checks and balances between them in order to … 4. Police in Pakistan is the most corrupt institution of the country and corruption in Pakistan … They promoted nepotism, favouritism ignoring the competence of candidates. 2 The Role of the Prosecutor. Police in Pakistan’s Criminal Justice System. He is currently serving as the Assistant Inspector General (Estb) for the Islamabad Police, where he is responsible for human resource management, legal affairs and prosecutorial matters of the ICT Police. Ontologically, the study of crimes is styled as Criminology and the study of the agencies that control or respond to crime is called Criminal Justice (CJ)[8]. Should licenses be granted to hunt Markhors? The primary institutions of the criminal justice system are the police, prosecution and defense lawyers, the courts and prisons Contrary to the constitutional courts that are established under the constitution and have a binding effect on the executive, the magistrate and sessions courts are products of the Code of Criminal Procedure 1898, and essentially decide facts. The constitution of a country constitutes its basic organs i.e. Based on the US pedagogical practice, the criminal justice system of Pakistan may be divided into five components: (i) Police, (ii) Prosecution, (iii) Courts; (iv) Prisons, and (v) Corrections. If any prosecutor or law officer confesses or concedes regarding lack of evidence in any case before the court then his honesty and integrity is doubted and challenged in Pakistan, where as in civilised countries, the prosecutor has full authority to charge or discharge the culprits after perusing the investigation file and he is not doubted by his high ups or by the society. [2] Francis Bacon’s Essay on Judicature is interesting and the difference can be inferred by looking at different law dictionaries. House # 2-A, Main Embassy Road, Ata Turk Avenue, G-6/4, Islamabad, Pakistan, Tel: 051 2831033, 8739300 Fax: 051 2831156, 8739400 info@rsilpak.org, 212-L Block, Street 158, Phase 1, DHA Lahore Tel: 042 37324148, 37356554 Fax: 042 37246393 info@rsilpak.org, Research Society of International Law © 2019 - All Rights Reserved, Research Society of International Law | RSIL, Anti-Money Laundering and Counter Terrorism Financing, "In a country like Pakistan, knowledge is seldom celebrated. Historically, it was part of police organizations. Criminal Investigation. UNODC promotes cooperation within the criminal justice system through the Pakistan Prosecution Forum. 2. 1. The Constitution establishes constitutional courts including the Supreme Court, High Courts, Federal Shariat Court, and provides for jurisdictions of different courts relating to constitutional, civil, criminal and service matters. The investigations are not being handled properly and supervised in accordance with law. which are appointed by President directly and confirmed by Senate. Effective prosecution in criminal cases not only ensures timely dispensation of justice but also contributes towards forestalling recurrence of crime in society. It is the core duty of a prosecutor attached with the courts having powers to grant the physical remand to bandits, to peruse the file minutely and scrutinise the faults before producing it to presiding officers. If the office of prosecution realizes the defendant is not g… The extant material focuses on reform or improvements without stating clearly what the system is and how it operates. In a country like Pakistan, knowledge is seldom celebrated. After independence, such directorates were introduced in all provinces within the Home Departments. LAHORE: The Punjab Prosecution Department has suggested far-reaching legal reforms to plug loopholes in the country’s criminal justice system that benefits the criminals and troubles the innocent. In all criminal justice systems, public prosecutors: − decide whether to initiate or continue prosecutions; − conduct prosecutions before the courts; − may appeal or conduct appeals concerning all or some court decisions. In Pakistan, the media has also assumed a unique role in our criminal justice system. 27 November 2020 - Islamabad, Pakistan: In August 2020 the secretariat and support function for Pakistan Prosecution Forum (PPF) was officially handed over to the UNODC Country Office in Pakistan by the CAPRI Programme supported by the British High Commission (BHC). Abstract. This is a descriptive research study. Owing to their significance, the Chief Justice of Pakistan, Mr. Asif Saeed Khosa, termed the police and courts ‘conjoined twins’. We may safely say that the three main components of the criminal justice system are police, prosecution and courts. The ACT Office of the Director of Public Prosecutions (ODPP) has responsibility for prosecuting cases of all alleged criminal offences in the courts.. Once police decide there is sufficient evidence to proceed, the person alleged to have committed the offence, the 'accused' has to appear before the court. CBRC NEWS LIVE 7,438 views. In addition, the federal government has power over the Federal Investigation Agency (FIA), which functions as a federal police that investigates and prosecutes organized crimes of illegal immigration, human trafficking, cybercrime etc. The secretary for the law and justice commission, Sarwar Khan believes that cooperation between the police, prosecution, judiciary and prisons will ultimately improve the criminal justice system. The responsibility of the federation is concurrent to the provinces[7] and extends to federally administered territories of the Islamabad Capital Territory (ICT), the Gilgit Baltistan (GB), and the Azad Jammu and Kashmir (AJK). • Prosecution has to succeed on its own merits. It is the duty of the prosecutors to prove the accused guilty in Special focus on effective prosecution of criminal cases not only ensures timely of... And has kept the legislature and judicature [ 1 ] at both Federal and provincial.! 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