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Functions - Duties and responsibilities of prosecutors

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  • Last updated：2026-07-28
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Legal Reference Guide

Duties and Responsibilities of Prosecutors

Prosecutors hold a dual identity: they are the "primary investigators" in criminal proceedings and the "representatives of public interest" in civil and non-litigious matters.

I. Handling of Criminal Cases (Core Functions)

1. Conducting Investigations
  • Mandatory Duty: Upon learning of a suspected crime, a prosecutor "shall immediately commence an investigation" (Article 228 of the Code of Criminal Procedure).
  • Dispositions: Upon concluding an investigation, they issue a public indictment, non-prosecution, deferred prosecution, or transfer of jurisdiction.
2. Public Indictment and Courtroom Advocacy
  • Filing Charges: Drafting the bill of indictment and transferring the case to court (Article 251).
  • Court Appearance: Mandatorily attending trial dates to conduct "cross-examination" (Article 166).
  • Argumentation: Presenting the summary of charges and making sentencing recommendations to the judge.
3. Appeals and Execution
  • Appeals: Filing appeals to a higher court if a judgment is severely unfair, either for the benefit or to the detriment of the defendant (Article 344).
  • Execution: Directing and supervising the execution of all criminal judgments, such as imprisonment and confiscation (Article 457).
4. Support for Private Actions
  • Assisting Private Prosecution: Appearing in court to state facts and opinions to help victims who file private lawsuits.
  • Taking Over Private Prosecution: Assuming control of a case if the victim is intimidated or bribed and cannot proceed.
5. Duty of Objectivity
  • Prosecutors must pay equal attention to circumstances that are both favorable and unfavorable to the defendant (Article 2).

II. Civil and Non-Litigious Matters (Public Representative)

When private disputes involve social order or vulnerable individuals, prosecutors can petition the court for civil intervention:

  • Status Changes: Petitioning for declarations of death (or revocations); petitioning for guardianship or assistance orders for mentally disabled individuals.
  • Corporate Supervision: Requesting the dissolution of illegal organizations; petitioning for the court to appoint liquidators, temporary managers, or estate administrators.
  • State Compensation: Processing state compensation negotiations and evaluating claims for wrongful detention or execution.
  • Local Mediation: Guiding local mediation committees to resolve grass-roots disputes and reduce court backlogs.

III. Protection of Crime Victims (Social Safety Net)

Under the Crime Victims Rights Protection Act, District Prosecutors Offices act as the central hub for supporting victims of major crimes (e.g., homicide or severe accidents):

1. Crime Victims Protection Association

Chaired by Chief Prosecutors and supported by professional attorneys and volunteer teams, providing:

  • Financial Aid: Emergency living support, medical, and funeral expenses.
  • Legal Support: Assisting in civil damages claims and freezing perpetrators' assets.
  • Counseling: Long-term trauma care and family support.
2. Compensation Review Committee
  • An internal committee that reviews and grants state compensation to victims' families.
  • Operates on the principle of "state advancement first, single-window service."
  • After payment, the prosecutor exercises the "right of subrogation" to recover the funds from the perpetrator.