Discretionary Power of the Public Prosecution in Criminal Cases
The current paper focuses on the status of human rights under the Jordanian legal system and the power of the Jordanian prosecution and the criminal investigation organizations. And with related to the case screening, this paper will emphasize on the issue of the prosecutor’s control of the police, and the prosecutor’s discretionary power in deciding whether to indict a specific person, thereby explaining how the investigation is conducted in Jordan and human rights are protected. The present paper tries to discuss the main issues related to the position of the accused under Jordanian legal system, and the major legal protection given to him during the stages of investigation conducted by both judicial police & public prosecutor. This paper explains functions of prosecutor, the investigation and prosecution, as well as the limitations on the prosecution powers; such restrictions prevent public prosecutors from abuse of their powers and avoid the investigation process. As it seen in Jordan there are several restrictions on the power of the public prosecution to initiate and investigate crimes; these restrictions are classified into three categories such as receiving complains, submission of a written application and the prior permission of parliament and judiciary.
Keywords: Criminal Justice, law, Human Rights, Legal System.