Prosecutor
From Civil law and common law
Legal professionsCriminal law
What it means
The prosecutor decides whether to bring a criminal case and presents it in court. The role looks the same everywhere but its legal position differs.
Why it travels badly
In many civil-law countries the public prosecutor belongs to the judiciary or to the same career as judges (the 'magistrature'), and must follow a duty to prosecute. In the United States, prosecutors are usually government lawyers with wide discretion.
How other systems say it
magistrat du parquet / pubblico ministero
Part of the magistracy, with a career that can move between judge and prosecutor.
Staatsanwaltschaft
Bound by the legality principle (Legalitätsprinzip): it must prosecute where there is sufficient evidence, with limited exceptions.
prosecutor / district attorney
Wide prosecutorial discretion on whether to charge and what to charge.
Tip for translators and students
Describe the prosecutor's constitutional position when it matters: independence, discretion and the duty to prosecute are not the same everywhere.
Related: Jury and lay judges, Notary
Updated October 2026. Spotted a mistake? Tell us.
TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.
