Difference Between a Prosecutor and an Investigator. In criminal proceedings, specific functions are carried out by a prosecutor and an investigator. These participants in the process are connected by various legal relationships. Much depends on the results of the interaction between these officials in terms of upholding legality in the detection of crimes and the establishment of justice.
The distinction between a prosecutor and an investigator lies in the very essence of their activities and the authority vested in each of them. It is important to note that the norms governing the legal status of these representatives are constantly being adjusted and refined. Laws adopted in 2007 and later, for instance, contain significant changes compared to previous rules concerning these matters.
New provisions stipulate limitations on some of the prosecutor’s powers. For instance, those related to initiating criminal cases. Meanwhile, the investigator’s authorities in recent laws have been expanded. For example, they gained the ability to appeal certain decisions of the head of the investigative unit.
Despite the introduced limitations, the prosecutor remains a vital figure participating in criminal procedural activities. During the preliminary investigation stage, they are obligated to ensure strict adherence to the relevant legal norms. In specific cases, the prosecutor approves the investigator’s decisions or overturns unjustified rulings put forth by the latter.
In addition to their supervisory function, this responsible individual participates in addressing pertinent issues related to authorizing searches, conducting forensic examinations, suspending a suspect from their position, and more. The prosecutor acts as a guarantor of safeguarding the rights of individuals who have suffered from the crime and ensures the protection of their lawful interests.
During the judicial stage, the individual with the aforementioned legal status supports the prosecution in accordance with the prescribed requirements. The prosecutor (in contrast to the defense attorney) presents well-founded arguments that do not favor the presumed wrongdoer.
As for the investigator, they are responsible for uncovering crimes and seeking those responsible for committing them. Occupying this position empowers them to summon required individuals for questioning, conduct inspections and searches, request necessary documents from ordinary citizens and representatives of institutions, and more. The investigator also issues directives related to operational and investigative measures to the investigative body.
This individual is vested with procedural independence, which is an essential condition for fulfilling their professional duties. In other words, the investigator independently makes crucial decisions in the case based on internal conviction, except in cases where consent from the prosecutor is required or a court resolution is necessary.
