Sub Section 8.4: Investigation and Pressing Charges

To prevent corruption, incompetent or prejudice from the Investigation or Prosecution authority, the following should be implemented

(A)

No Department or Sub Department within the Republic can have both prosecution and investigation authority upon any criminal offense.

(B)

An authority of the Republic that can conduct criminal Prosecution is determined by this constitution of the Republic and people from such authority deem fit to charge a person with criminal offense, is known as a Prosecutor, he should be an official within such authority.

(C)

Before a Prosecutor can determined whether a person should be charged with criminal offense, he need to review the case and be satisfy that all necessary investigation has been properly conducted and all report of such investigation has been properly conducted, otherwise the Prosecutor can send the case back to the investigator for further investigation purpose, if a case has been send back to the investigator for further investigation purpose by three different Prosecutor, the third Prosecutor can hand the case to another Investigator, for further investigation purpose, on the ground that the original investigator is doing an unsatisfactory job with this investigation.

If after reviewing the case, the Prosecutor concluded all investigation has been properly conducted and all report of such investigation has been properly conducted and handed in to the Prosecutor, he should make a determination in regards to whether a person has committed a criminal offense and if he concluded that a criminal offense has been conducted, he should charge such person for criminal offense.

(G)

Before the case can go to trial or re-trial for criminal charges, such Prosecutor need to provide the court with reports of the investigation of the case and the judge leading the trial or re-trial must be satisfy all necessary investigation has been properly conducted and is been properly conducted to the level of satisfaction of such judge and all report of such investigation has been properly conducted and handed in to the court and is been properly conducted to the level of satisfaction of such judge, otherwise the judge can reject the case or order further investigation for the case not to be rejected including ordering certain specific investigations, for the case not to be rejected.

If the judge leading the trial or re-trial at any stage of the trial or re-trial believe not all relevant investigation has been properly conducted or is not properly conducted to the level of satisfaction of the judge or the investigation report of such investigation handed in to the court is not properly conducted or is not properly conducted to the level of satisfactory of such judge, the judge can reject the case or order further investigation of the case, including ordering certain specific investigations, for the case not to be rejected.

(H)

If the case has been rejected by three different judges in a row, the third judge that reject the case reserve the right to have the case to be given to another investigator authorized to conduct investigation and another prosecutor, authorized to charge a person with criminal offense. But to prevent judges from misusing such authority to reject cases, a judge cannot reject up to three cases, in a row.

(I)

Departments that can charge a person for conduct criminal investigation within the Republic are

1. The Department of Prosecution of the Ministry of Justice of the Republic
2. The Department of Prosecution of the Ministry of Justice of a State
3. The Department of Prosecution of the Ministry of Justice of a Senior District
4. Military Legal Prosecution and
5. The Department of Oversight Prosecution

(J)
A person who is a Human Resource of the Ministry of Government Oversight, Judicatory branch of the Republic, the Prime Minister, the Deputy Prime Minister, the office of the Prime Minister, the office of the Deputy Prime Minister, a member of the Grand Senate, the Minister of State and the Minister of State, the Jinyiwei Eastern Bureau or Bureau of Government Auditing the can only be charged by the Department of Oversight Prosecution

(M)

A person who is a member of the House of Armed Force of the Republic can only be charged by the 

1. The Department of Military Legal Prosecution and
2. The Department of Oversight Prosecution

(N)

A person who is a member of the House of Administration can only be charged by the 

1. The Department of Prosecution of the Ministry of Justice of the Republic and
2. The Department of Oversight Prosecution

(O)

Subject to above, the Department of Prosecution of a

1.     State Government or a

2.     Senior District Government

Got authority to charge all people with criminal offense, if the criminal offense took place upon such State or Senior District