The Relations of the Somali Prosecutor with Police Investigators in Pre-Trial Criminal Procedures—The Missing Legal Framework

摘要

According to the UN GUIDELINES ON THE ROLE OF PROSECUTORS (1990), prosecutors shall perform an active role in criminal proceedings and, where it is authorized by law or consistent with local practice, in the investigation of crime, supervision over the legality of these investigations. This prosecutorial involvement constitutes an increasing tendency, even in countries where the prosecutor has no formal role in investigations, using the mechanism of the police seeking advice at the investigative phase (particularly in complex cases, such as fraud, corruption or terrorism). Somali law declares the leading role of the public prosecutor in the investigation of crime—Article 8.1 (A) of the Organization of Judiciary Law and Article 12 (3, 4) of the Criminal Procedure Code. These declarations, however, are not sufficient to guarantee the leadership of the Somali public prosecutor in pre-trial criminal procedures. His/her leading role should be strengthened by further developing the Criminal Procedure Code. The objective of this article is to identify the issues which should be additionally regulated to consolidate the leading position of the prosecutor, especially in his/her relations with police investigators.