The Influence of Prosecutor’s Objectivity on the Fairness of a Trial
Keywords:
fair trial, procedural law, prosecutor, requirement of objectivity, European Convention on Human Rights, waiving of chargesAbstract
Finnish criminal law allows the interference with a person’s protected rights, such as the right of privacy or right of freedom. Therefore criminal proceedings must fulfil obligations set by the human and civil rights and by the general procedural principles. These obligations, which apply to both legislator and authorities applying the law, create the equity and the legitimacy of criminal proceedings.
The aim of this article is to research what kind of influences prosecutor, who in the Finnish judicial system participates to the proceedings form the preliminary investigation to the possible appeal, can have on the fairness of the trial.
Prosecutor’s chances to influence on the proceedings are the greatest during the preliminary investigation. The prosecutor reserves the right to require police authorities to collect more evidence or to end the investigation. In the consideration of charges actual judicial power has been granted to the prosecutor in the shape of waiving of charges. Especially during these two phases prosecutor must remain objective and take into account aspects both against and for the accused, in order to further the fairness of the trial.
