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THE PROSECUTOR’S OFFICE

It is a fine thing to be honest

but it is also very important to be right.

Winston S. Churchill

PRE-READING

What is the function of a prosecutor?

Name some words or phrases related to the subject to be discussed.

The Power of Supervision

Supervision on observing the laws is carried out by the office of the Prosecutor General of the Russian Federation. It forms a single centralized hier­archical system in which public prosecutors obey to the higher ones and to the Prosecutor General of Russia. As mentioned before, the General Prose­cutor of Russia is appointed and dismissed by the Federation Council upon a proposal of the President.

The Prosecutor’s office is the state body that is established to exercise supervisory power over the strict observance and application of law by all ministries, organizations, institutions, officials and citizens of the State.

The prosecutor has the right, and it is his duty, to appeal against all deci­sions and actions of state bodies and officials which he considers to be unlaw­ful. Every citizen has the right to complain to the prosecutor concerning any violation of the law. When a breach of law contains the elements of a crime it is the duty of the prosecutor to bring the guilty person to trial.

The prosecutor supervises the investigation of cases conducted by the Militia, and other state security bodies. The Prosecutor’s Office institutes criminal cases and investigates criminal cases, ascertains the circumstances under which crimes were committed, collects evidence against the criminals and their accomplices and sees to it that other investigating bodies act within the law.

During the hearing of cases the prosecutor maintains the prosecution be­fore the court in the name of the State. It is his duty to prove the charges against the accused and to propose the penalty to be imposed on the guilty person. If he is of the opinion that the accused is not guilty, it is his duty to withdraw the charge.

The prosecutor has the right to lodge protests with higher judicial bodies against the sentences and decisions of courts which he finds illegal.

It may be said that the Prosecutor’s Office, like all the Russian courts, protects legality, law and order.

1. Scan the text to answer the 9 “Who”-questions.

  1. Who has the right to appeal against all decisions and actions of the state bodies?

  2. Who has the right to complain to the prosecutor concerning any violation of the law?

  3. Whose duty is it to bring the guilty person to trial?

  4. Who supervises the investigation of cases conducted by the Militia?

  5. Who conducts the prosecution before the court in the name of the sial

  6. Who proves the charges against the accused?

  7. Who proposes the penalty to be imposed on the guilty person?

  8. Who has the duty to withdraw the charge?

9. Who has the right to lodge protests with higher judicial bodies against the sentences and decisions of the courts which he finds illegal?

2.Finish the sentences using the facts from the text.

The Prosecutor’s Office is a body of state that exercises...

The prosecutor has the right...

The prosecutor supervises...

The prosecutor’s duty is...

The prosecutor’s Office institutes..., investigates..., and sees to it that...

3. Match English words and phrases with their Russian equivalents.


a) supervisory power

1.

следственный орган

b) an official

2.

преступник

c) a guilty person

3.

органы госбезопасности

d) state security bodies

4.

надзор












e) a criminal

5.

должностное лицо








f) an investigating body

6.

виновное лицо

g) the penalty to be imposed 7.

7.

наказание, которое должно быть наложено

h) to lodge protest




8. выразить протест
















































4. Read the text in detail to answer the following questions:

  1. What does “that” in line 8 refer to?

  1. office

  2. body

  3. state

  1. What does “which” in line 14 refer to?

  1. actions

  2. state bodies

  3. officials

  1. What does “which” in line 32 refer to?

  1. sentences

  2. decisions

  3. appeals


5. Read Article 129 of the Constitution of the Russian Federation, iу attention to the words in bold. Give the summary of the article.

Article 129

3. Public prosecutors of constituent entities of the Russian Federation shall be appointed by the Prosecutor General of the Russian Federation by agreement with the constituent entities.

4. Other public prosecutors shall be appointed by the Prosecutor General of Russian Federation.

5. The powers, organization and procedure for the activities of the office of the Prosecutor General of the Russian Federation shall be determined by federal law.

6. Study the model. Translate the sentences into English and begin with the phrase in the model.
right

It is the prosecutor’s duty • • • to lodge protest.

. . . апеллировать против всех действий и решений государственных органов и официальных лиц, которые он считает незаконными.

. . . расследовать уголовные дела.

. . . устанавливать обстоятельства, при которых было совершено

преступление.

. . . собирать улики против преступников и их соучастников.

... поддерживать обвинение.

... снимать обвинение.

... подавать жалобу в вышестоящие инстанции против решения и при­говора суда, если он считает их незаконными.

. . . выносить предложения о наложении наказания (штрафа).

7. Complete the word-field diagram about the Prosecutor's Office.







TALKING POINTS

8. Speak about the rights and duties of the Prosecutor General. Express your attitude to the role of the Prosecutor General in the law enforcement in Russia. Is it too powerful?
NEWSPAPER READING

9. Read the newspaper article. Pay attention to the words in bold.

RF Prosecutor General Interrogates
Chechen Gunman


Moscow News

Feds are set to swoop down on Chechen militants and terrorists

The Russian Prosecutor General has returned from a trip to Chechnya. Sum­ming up the results of the trip, his first deputy said federal law enforcement agencies are launching a crackdown in Chechnya to sweep the republic

of mil­itants. First, the Prosecutor General held a three-hour coordinating conference attended by senior officials from all of the republic's district prosecutor's offices (at present there are 13). Investigators and prosecutors from all over Russia are working here on a six-month shift basis. Ethnic Chechens also account for a considerable share of personnel at local prosecutor's offices: 41 percent. True, they are subject to tough selection procedure and have to work under con­stant supervision from in-house security services that exist within each district prosecutor's office in Chechnya.

According to the Prosecutor General the main line in the activity of prosecu­torial agencies in Chechnya was to fight terrorism, protect individual rights and freedoms, and oversee the spending of budget funds in the republic. The Pros­ecutor's Office was stepping up the efforts along those lines not to please the EU but because human rights protection was the Office's priority.

After the conference, the Prosecutor General went to the village of Vedeno where he took part in investigation at the site where Russian Army officer had been executed. He was killed by gunmen back in 1996. Recently, investigators in Chechnya detained a gunman who had taken part in the execution who showed the Prosecutor General the place where the Russian officer buried.

The prosecutor general also examined the performance by four military prosecutors working in Chechnya and investigating crimes committed by Russian servicemen. At present 44 criminal cases against federal army servicemen are pending on charges of ammunition theft, robbery, and killing of civilians.

In the past few months, the Chechen Prosecutor's Office initiated three criminal cases against local government officials charged with embezzlement of budget funds, humanitarian aid, fuels, and lubricants. Since the beginning of 2001, investigators and prosecutors have managed to return approximately $1 mil to the republic's treasury.

Nonetheless, it was stressed that Chechnya's number one priority w.is track down militants and terrorists. The Prosecutor's Office has a special d bank, including several thousand war criminals who took an active part in combat operations against federal authorities, abductions, and execution of Russian servicemen.

"Sooner or later, we will send all bandits to prison” promised the Russian Prosecutor Gene with the full sense of responsibility.
VOCABULARY

10. Make a list of key words to be remembered and compare you list with the partner’s. Make sentences with them.

11. Find the English equivalents to the following words:

Жестокое преследование, растрата, похищение, горючие и смазочные материалы.

12 Find the Russian equivalents to the following words and expressions:

To launch a crackdown, to sweep, wage, tough, ammunition theft, militant, humanitarian aid, track down, abduction.

13. Write out the words relating to:

  • legal professions

  • kinds of crimes

COMPREHENSION

14. Answer the 9 “What”-questions.

  1. What was the reason for the visit to Chechnya?

  2. What kind of conference was held there?

  3. What were the main points discussed at the conference?

  4. What is the main line in the activity of prosecutorial agencies in Chechnya according to the Russian Prosecutor General?

  5. What was the reason for the visit to Vedeno?

  6. What did the Prosecutor General examine there?

  7. What does the figure 44 illustrate?

  8. What does the figure $ 1 million illustrate?

  9. What is Chechnya’s number one priority?



DISCUSSION

15. Describe the Russian Prosecutor General's visit according to your plan.

16. Express your attitude to the Russian Prosecutor General’s prom­ise:

“Sooner or later, we will send all bandits to prison”.

You may fulfil the task in written form.

17. Comment on the quotation.

Society prepares the crime, the criminal commits it.”

Buckle


соучастник

устанавливать

иметь мнение

нарушение права/закона

предать кого-то суду

обстоятельство

жаловаться

относительно

проводить следствие

содержать

обеспечивать, гарантировать доказательства

исполнение

осуществлять

считать незаконным

наложить наказание

возбуждать (дело)

подавать жалобу, протест предлагать судебное

преследование

прокурор


18. Use texts on pages 153-154 discussed.

Essential words and phrases:

an accomplice [ə'kɔmplɪs]

to ascertain [ˌæsə'teɪn]

to be of the opinion [ə'pɪnjən]

a breach of law [briːʧ]

to bring somebody to trial

a circumstance ['sɜːkəmstæns]

to complain [kəm'pleɪn] concerning [kən'sɜːnɪŋ]

to conduct [kan'dAkt]

to contain [kən'teɪn]

to ensure [ɪn'ʃuə]

evidence [e̱vɪdəns]

execution [ˌeksɪ'kjuːʃn]

to exercise ['eksəsaɪz]

to find [ɪ'liːg(ə)l]

to impose a penalty ['penltɪ]

to institute ['ɪnstɪtjuːt]

to lodge a protest ['prəutest]]

to propose [prə'pəuz] prosecution [ˌprɔsɪ'kjuːʃ(ə)n]

a prosecutor ['prɔsɪkjuːtə]


to widen the knowledge on the topic