THE ASSISTANT TO THE PUBLIC PROSECUTOR: (I) LEGITIMACY TO APPEAL

Abstract

We know that the Federal Constitution of 1988 enshrined in article 129, paragraph I, as a private function of the prosecution promoting prosecution of public initiative. However, the Criminal Procedure Code 1941 brings the institute's assistant prosecutor as an auxiliary organ of the ministry to work in the public prosecutions. Thus, in view of the conflict between these legal instruments, it is essential to conduct a discussion of the front institute the current constitutional order, especially with regard to article 598 of the Criminal Procedure Code, which allows the prosecution assistant appeal even in cases where the ministerial body opts for acquittal or have settled for any condemnatory or absolving sentences. Therefore, this article aims to charge for the legal community rewinding the prosecution assistant figure is from the state of rights after the Federal Constitution of 1988 and identify non-constitutional receipt of article 598 of the Criminal Procedure Code.