DOI: https://doi.org/10.36719/2663-4619/115/106-110
Barat Sadigov
Police Academy of the Ministry of Internal Affairs of the
Republic of Azerbaijan
https://orcid.org/0009-0002-0047-3863
sadiqovbarat1234@gmail.com
Comparative Legal Analysis of the Prosecutor’s Procedural Decisions on Criminal Proceedings in the Republic of Azerbaijan and Other States
Abstract
This article provides a comparative analysis of the nature and application of procedural decisions made by prosecutors within various legal systems. It is established that prosecutorial functions-such as initiating criminal prosecution, overseeing investigations, bringing charges, and issuing procedural decisions-vary depending on the legal framework and historical development of each country. In countries belonging to the Romano-Germanic legal family (e.g., Germany, Switzerland), prosecutors primarily supervise investigations and make decisions in close cooperation with the judiciary. In contrast, within the Anglo-Saxon legal system (such as in the United States), prosecutors are predominantly recognized for their accusation or dismissing charges. In post-Soviet states, prosecutors possess both supervisory and executive powers. In some jurisdictions, prosecutors are also granted the authority to apply alternative measures to prosecution or to terminate proceedings altogether. Overall, prosecutorial decisions play a significant role within the framework of criminal procedural law, as they can establish, modify, or terminate legal relationships.
Keywords: decision, prosecutor, legal relations, accusation, investigation, urgent