A number of orientations and solutions to better improve the roles of Prosecutors in implementing the principle “Assurance of adversary in adjudication”

Abstract

The article provides an in-depth analysis of the role of Prosecutors in implementing the principle of Assurance of adversary in criminal trials - a fundamental one aimed at ensuring justice, fairness, and the protection of human rights in legal proceedings. The analysis affirms that Prosecutors play a pivotal role in exercising the right to prosecution, supervising procedural activities, and participating in ligitation in court to ensure that trials are conducted in accordance with the law, identifying the correct offender and offense, and avoiding both impunity and wrongful convictions. However, in practice, the implementation of the adversarial principle still faces numerous limitations. Based on an examination of these shortcomings and challenges, the article proposes several orientations and solutions, including both legal reforms and practical implementation measures, to enhance the role of Prosecutors in applying the adversarial principle in criminal adjudication.