Staande magistratuur
standing magistracy
The standing magistrature is the collective term for the Public Prosecution Service, which is responsible for the investigation and prosecution of criminal offences.
The standing magistracy refers to the Public Prosecution Service and its officials, such as public prosecutors. This designation distinguishes them from the sitting magistracy, namely the judges, and derives from the tradition in which the prosecutor appears standing during the hearing.
The standing magistracy is of particular importance as the gatekeeper of the criminal justice system: it determines whether to prosecute, issues summonses and formulates the sentence sought, while the independent judge ultimately delivers judgment. This division of roles ensures the separation between prosecution and adjudication.
In practice, the standing magistracy works in close cooperation with the police and other investigative authorities and decides, in individual cases, whether a suspect should be brought before the court.
“The public prosecutor, as a representative of the standing magistracy, sought a community service order for the defendant.”
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