Prosecution in the Public Interest

International Association of Prosecutors (IAP) avholdt sin årskonferanse for 2017 i Beijing, Kina fra 11.-14. september. Under plenumssesjonen 13. september holdt riksadvokat Busch et innlegg om «Prosecution in the Public Interest», og diskuterte emnet med Storbritannias riksadvokat Alison Saunders.

A legitimate reason for societies to establish criminal justice systems and prosecution services is to serve the «public interest» and the common good. Prosecution motivated by personal profit or other self interests is oppressive. But how should the notion of «public interest» more precisely be understood by prosecutors? The presentation underlines the need for public prosecution of violations of public interests, particularly violations without any immediate offended person (so called victimless crimes). A distinction is made between prosecutors’ contribution to public interest when acting in the role as policymakers as opposed to their role when dealing with individual criminal cases. The pLes hele presnetajsonen herresentation reflects on the relationship between public interest considerations and independence, legality, necessity, proportionality, public confidence, transparency, ethical framework and quality, particularly when exercising discretion in prosecutorial decisions.


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