I understand, probably for many of you, lawyers, the article you’ve read is ultimately crazy, but I just thought: if everyone is equal before the court, can prosecutor use the services of a lawyer (advocate)?

I think, I can name something wrong in English, also the Law of US, or other english-speaking countries, can be different from my country.

By prosecutor I mean official person from the state who presents the accusing side in court. For each region of country, there is a prosecutor. In Ukraine or Russia it called like “The state accuser” (but translator translates it exactly as a prosecutor). It is very uncommon, but as alternative, the victim (if it alive, of course) can go to court by itself, and it will be called a “Private accuser”.

Also I do not understand, do you understand the difference between the lawyer (юрист) and advocate/attorney (адвокат). In my country, one becomes a lawyer after finishing the University. After, you can pass special exam based on your lawyer grade to become an advocate/a judge (more complicated process)/a notary. If you do not want to pass this exams you stay just a lawyer, and You can go work to Police, for example, or to prosecutor office. Advocate (Attorney) is the person, who defends the side in the court.

By the law, everyone have the right to the advocate(lawyer, Google translates it as a lawyer, I confused 😰).

Theoretically, can the Prosecutor have an advocate?

  • what for? What's the situation?
    – Trish
    Aug 1 '20 at 21:06
  • 2
    Prosecutors usually are lawyers
    – Dale M
    Aug 1 '20 at 21:49
  • 1
    Although prosecutions are usually handled by the full-time lawyers who work in the public prosecutor's office, AFAIK there is no reason why the prosecutor couldn't hire outside lawyers as well, e.g. if they needed special expertise and could get the expense approved. The details may vary between jurisdictions of course. Aug 2 '20 at 2:43
  • @NateEldredge In NZ, many prosecutions are handled by private attorneys who are members of the Crown Solicitor Network: crownlaw.govt.nz/about-us/crown-solicitor-network
    – Just a guy
    Aug 2 '20 at 16:21

The prosecutor always has an advocate

The prosecutor in a criminal matter is the State. Since the State is an artificial entity it has to act through agent(s) who advocate for it.

In Commonwealth countries the State is synonymous with the Crown - I suppose HRH Queen Elizabeth II could prosecute every case personally but she’s a very old lady with a lot of other things to do (this is a joke - the person is not the office).

  • 1
    Only barristers or qualified solicitor advocates may represent clients in the higher courts (Crown & above). As the Queen did not (as far as I know) go to law school, and is not legally qualified, I don't think she can personally prosecute anyone. Aug 2 '20 at 10:57
  • @MichaelHarvey The Queen wouldn't be representing a client.
    – Ross Ridge
    Aug 2 '20 at 17:01
  • She can't appear for the prosecution either. Aug 2 '20 at 18:20
  • I think that technically the Crown (a 'corporation sole') is synonymous with the State, and, although the reigning monarch is the living embodiment of the Crown, he or she cannot, for example sell Crown lands or put on a wig and prosecute criminal cases. Aug 2 '20 at 20:07

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