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Prosecution In The Philippines

1181 Words5 Pages

INTRODUCTION

Prosecution can be defined as the process of trying to prove that the accused is guilty of a crime before the court of law. Prior to the now repealed Attorney-General Act 92 of 1992 (the AGA), which commenced on 31 December 1992, the CPA provided for prosecutions (s 2-5) and the Attorney-General was the prosecuting authority on behalf of the State. Section 4 of the CPA used to provide that an Attorney-General may, in writing:
‘(a) delegate to any person, subject to the control and directions of the attorney-general, authority to conduct on behalf of the State any prosecution in criminal proceedings in any court within the area of jurisdiction of such attorney-general, or to prosecute in any court …show more content…

It is very paramount to know how a person is appointed and how he or she is supposed to carry the deliberations of the state, and the section provides that any person to be appointed as NDPP or DNDPP must possess qualifications that would entitle him or her to practice in all courts in the Republic and, furthermore, must be fit and proper person, with due regard to his or her experience, conscientiousness and integrity, to be entrusted with the responsibility of the office concerned. The case of NDPP V Similane addresses the issue of presidential appointment in terms of section 38 of the NPA Act which some of the requirements are given on the …show more content…

Sylla Moussa, who is a Guinean national who, during June 2006, was charged with 16 counts of fraud, alternatively, three counts of theft and three counts of money laundering in terms of the provisions of the Prevention of Organised Crime Act 121 of 1998 (the POCA).
Because of the nature of the commercial transactions in relation to which the appellant was charged, the National Prosecuting Authority (the NPA) took the view that it required the skills of a specialised prosecutor and thus engaged the services of Mr Zirk Pansegrouw (Pansegrouw), an advocate in private practice and member of the Pretoria Bar and a former prosecutor. In doing so, the NPA purported to act in terms of s 38 of the NPA Act
The section that is under the raider regarding the assignment is section 38 of the NPA Act, which provides certain guide lines that caters for the engagement of persons to perform services in specific

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