I understand that the law differs from country to country but what is the general consensus on the separation of powers regarding this particular matter:

Recently, the ministry of justice (in an African country) spoke at the parliament of cases still under investigation and not yet tried by using words to would suppose he already knows the verdict. He says "heavy files" .. "sensitive and alarming cases", "you will see what the magistrates can do" etc. This would also suggest that he knows about the details of these cases.

As a member of the executive, is the ministry of justice allowed to speak of cases prior to court proceedings? Is he also allowed to inquire about said cases and get the details?

  • 2
    Which country is this? We will need more information in order to be able to give you a valid, helpful answer.
    – Matthew
    Jul 18 '20 at 16:04
  • North African country, they use civil law and their justice system is very similar to the french one.
    – Fenrir
    Jul 18 '20 at 16:37
  • There is a widely agreed principle that there should be separation of powers between the executive and the judiciary. Yet the prosecution falls between the executive and judiciary, and government oversight over the prosecution may vary from country to country.
    – o.m.
    Jul 19 '20 at 10:54

In most countries it is seen as somewhat improper for an executive official such as a Minister of Justice to speak about specific open cases, particularly in a way which might influence the outcome of those cases.

But it may well be part of a minister;s duty to review the general state of the legal system and trends in dealing with cases, including the current numbers of open cases.

In most countries there will not be a specific law preventing such comments, only a convention or custom against such comments.

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