Role of the Public Prosecutors in Criminal Proceedings in Bangladesh: A Socio-legal Analysis

Abstract

Public prosecutors bring criminal charges against people who have been apprehended by the police. The accused is deemed innocent in criminal law until his guilt is established. It is the burden of the prosecutors to establish the guilt of an accused beyond a shadow of a doubt. The Prosecutors are responsible for ensuring justice under the criminal justice system (CJS). Prosecutors are expected to carry out their duties in a fair, honest, and impartial manner. To play a remarkable role in criminal proceedings, prosecutors must be knowledgeable, well-paid, non-corrupt and dedicated to their service. In Bangladesh, many prosecutors lack these essential virtues and therefore justice has been in jeopardy yielding very little positive outcome in favor of victims. The trial phase of the process is made longer by cases that are unresolved for years. Although there are many causes for this ongoing problem with the judiciary, the prosecutor is also held accountable for this. Prosecutors struggle to handle a large number of criminal cases. Withdrawal of a criminal case by the prosecutors is a matter of public concern particularly if it is done without lawful or reasonable grounds. In Bangladesh, prosecutors are here powerless to influence investigation. The majority of prosecutors are chosen based on political considerations. Low conviction rates are also a result of the prosecutors' dishonesty and misconduct. Insincere attitude of the prosecutors, poor service conditions, absence of training program, shortage of manpower and lack of proper monitoring system have all led to prosecution being branded as the ‘weakest link of the CJS of Bangladesh’. Such obstacles to the prosecution system should be removed in order to establish justice under criminal proceedings. If a country's prosecution system is not effective, capable, and reliable, then justice cannot be ensured. The article is an attempt to reviews the role of the public prosecutors in criminal proceedings and identifies some difficulties associated with their activities that need to be solved.