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12. General principles of criminal prosecution
 
  Article 71-The Public prosecutor  
71.1 The Public prosecutor  
  The public (state) prosecutor is responsible for the preparation, analysis and conducting the state's case against an accused person.  
71.2 Qualification of prosecutor  
  The dispensing of justice is dependent upon both competent prosecution as well as competent defence. It is therefore crucial that a person representing the state as prosecutor is not only well qualified in law, but considered a person of high skill and intellect.  
  Therefore, all prosecutors should be chosen from the best of attorneys and legal skill with income comensurate to such skill and talent.  
71.3 Encouraging the tradition of attorney experience as both prosecutor and defense  
  Rather than developing a legal system whereby attorneys are considered either prosecution or defense, it should be encouraged that young and new attorneys are encouraged to consider a period of apprentership in the prosecutors office, just as skilled attorneys wishing to fulfil a career as a judge consider devoting some of their career and service both as a prosecution attorney and a defense attorney.  
  To the service of law and to the benefit of all accused is that attorneys have experience, knowledge and skill at both the process of prosecution and of defense.  
71.4 Preparation of the prosecution case  
  The prosecutor in preparing the state's case against the accused has the task of ensuring that all the evidence, witnesses and conduct of the case ensures the most effective conviction against the accused.  
  The most essential test of a case before going to court is that there is sufficient and strong evidence consistent with the primary facts of the offence.  
  A lack of evidence concerning a primary fact of a case should be grounds to question the sufficiency of a case.  
  It is therefore the task of the prosecutor to review all evidence to ensure the case is sufficiently robust for prosecution.  
     
     
     
 
 

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