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Annual Report for 1997 and Resource Material Series No ANNUAL REPORT FOR 1997 and RESOURCE MATERIAL SERIES No. 53 UNAFEI Fuchu, Tokyo, Japan February 1998 1 Toichi Fujiwara Director Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI) 1-26, Harumi-cho, Fuchu, Tokyo 183-0057, Japan 2 CONTENTS INTRODUCTORY NOTE .................................................................... vii PART ONE ANNUAL REPORT FOR 1997 Main Activities of UNAFEI.................................................................. 3 UNAFEI Work Programme for 1998 ................................................ 15 Appendix ............................................................................................... 17 PART TWO RESOURCE MATERIAL SERIES NO. 53 I. WORK PRODUCT OF THE 107TH INTERNATIONAL TRAINING COURSE “THE ROLE AND FUNCTION OF PROSECUTION IN CRIMINAL JUSTICE” Remarks by Programming Officer .................................................. 35 Faculty Paper •The Criminal Justice System in Japan: Prosecution by UNAFEI ....................................................................................... 39 Visiting Experts’ Papers •Some Aspects of French Penal Procedure by Henri de Larosière de Champfeu (France) ............................ 59 •The Development of the Prosecutor’s Jurisdiction in the Criminal Justice System of Indonesia by Antonius Sujata (Indonesia) .................................................. 68 •The Characteristics of the Korean Prosecution System and the Prosecutor’s Direct Investigation by Lee, Jung-Soo (Republic of Korea)......................................... 83 •Enhancement of the Rule of Law and Promotion of the Public Interest: The Role and Function of the Prosecution System in Singapore by Francis Tseng (Singapore) ................................................... 103 iii •The Role and Function of Prosecution in Sri Lanka by D.P. Kumarasingha (Sri Lanka) ......................................... 119 •Thai Prosecutors and International Cooperation in Combating Transnational Crime by Dr. Kanit Nanakorn (Thailand)........................................... 131 •The Role of the Prosecutor in the American Federal Criminal Justice System by Nora M. Manella (United States) ........................................ 137 Participants’ Papers •The Role and Function of Prosecution in Criminal Justice by Pauline Christine Ngo Mandeng (Cameroon) ..................... 159 •The Position and Role of Chinese Procuratorial Organs in Criminal Justice by Guan Fujin (China) ............................................................. 169 •The Role and Function of Prosecution in Criminal Justice by Patricia Cordero Vargas (Costa Rica) ................................. 179 •The Role and Function of Prosecution in Criminal Justice by Madan Lal Sharma (India) ................................................. 185 •The Role and Function of the Indonesian Prosecution Service in Criminal Justice by Ersyiwo Zaimaru (Indonesia) .............................................. 201 •The Role and Function of Prosecution in Criminal Justice by Jonathan John Mwalili (Kenya).......................................... 218 •The Role and Function of Prosecution in Criminal Justice by Lithnarong Pholsena (Lao People’s Democratic Republic).................................................................................... 237 •The Administration of Criminal Justice in Malaysia: The Role and Function of Prosecution by Abdul Razak Bin Haji Mohamad Hassan (Malaysia) ....... 247 •The Role and Function of Prosecution in Criminal Justice by Zafar Ahmad Farooqi (Pakistan) ........................................ 257 iv •The Role and Function of the Prosecution in the Philippine Criminal Justice System by Menrado Valle Corpuz (Philippines) ................................... 272 •The Role and Function of Public Prosecutors in Thailand by Somjai Kesornsiricharoen (Thailand) ................................. 280 Reports of the Course •The Relationship of the Prosecution with the Police and Investigative Responsibility by Group 1 ................................................................................. 307 •The Role of Prosecution in the Screening of Criminal Cases by Group 2 ................................................................................. 326 •Issues Concerning Prosecution in Relation to Conviction, Speedy Trial and Sentencing by Group 3 ................................................................................. 348 II. THE NINTH MEETING OF THE AD HOC ADVISORY COMMITTEE OF EXPERTS ON UNAFEI WORK PROGRAMMES AND DIRECTIONS Report of Recent Activities and Future Perspectives of UNAFEI by Toichi Fujiwara (UNAFEI) ......................................................... 371 Report of the Ninth Meeting of the Ad Hoc Advisory Committee of Experts on UNAFEI Work Programmes and Directions............................................................................................ 385 APPENDIX .......................................................................................... 397 v INTRODUCTORY NOTE The Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI) is proud to submit to the international community the Annual Report for 1997 and Resource Material Series No. 53. In the first part of this publication, the Annual Report outlines the Institute's main activities in 1997, as well the work programme for 1998. Resource Material Series No. 53 comprises the second part of this publication. It contains the work product of the 107th International Training Course, “The Role and Function of Prosecution in Criminal Justice”, which was conducted at UNAFEI from 1 September to 21 November 1997. Specifically, the papers contributed by the visiting experts, selected country reports from among the Course participants, and the reports of the Course are published. Briefly, I would like digress and take this opportunity to pay tribute to the contributions of the Government of Japan, particularly the Ministry of Justice and the Japan International Cooperation Agency, and the Asia Crime Prevention Foundation. Without their indispensable and unwavering support, UNAFEI international training programmes would not be so successful. Resource Material Series No. 53 also features the Ninth Meeting of the Ad Hoc Advisory Committee of Experts on UNAFEI Work Programmes and Directions. This meeting was convened on 27 October 1997 with a twofold purpose: to review and assess the work accomplished by UNAFEI in the past, and to consider proposals to improve and enhance future programmes. Contained herein are my report to the Committee on the recent activities and future perspectives of UNAFEI and the evaluation report prepared by the Committee. In my report to the Ad Hoc Advisory Committee, I explained that the publications of the Institute are designed to meet the practical needs (including training) of criminal justice officials by providing comprehensive information on urgent and contemporary criminal justice issues. Primarily these efforts have been realized through the Resource Material Series. Unfortunately, in recent years, the timeliness of UNAFEI's publication of the Resource Material Series greatly diminished—falling behind by more than one year. vii However, it is truly my pleasure to report that the completion of Resource Material Series No. 53 marks the end of a black chapter in UNAFEI history. Owing to the truly herculean efforts by the editors of the Resource Material Series, Mr. Yuzuru Takahashi (Chief of Training Division) and Ms. Ana M. Vander Woude (Linguistic Adviser), an unprecedented five editions of the Resource Material Series have been published in a period of less than one year, bringing the institute up-to- date. In consideration of the above, I must request the understanding of the selected authors for not having sufficient time to refer the manuscripts back to them before publication. Moreover, to widen the scope of UNAFEI’s target audience and to disseminate even more rapidly our training programme results, the Resource Material Series, as well as the UNAFEI Newsletter, will be available soon on our new homepage, which is scheduled to open in the very near future. Resource Material Series No. 53 is significant for another reason also. Towards further increasing the international perspective of our publications, the number of participants’ papers published by UNAFEI has been increased from the usual four or five to ten. Regrettably, not all the papers submitted by the Course participants could be published, but certainly, a larger representation is present now. By continuing to improve its training, research and publication activities, UNAFEI wishes to demonstrate its firm commitment to promoting the sound development of criminal justice administration in the Asia-Pacific region, as well as the entire international community. January 1998 Toichi Fujiwara Director of UNAFEI viii MAIN ACTIVITIES PART ONE ANNUAL REPORT FOR 1997 • Main Activities of UNAFEI • UNAFEI Work Programme for 1998 UNAFEI 1 ANNUAL REPORT FOR 1997 2 MAIN ACTIVITIES MAIN ACTIVITIES OF UNAFEI (1 January 1997 - 31 December 1997) I. ROLE AND MANDATE The Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI) was established in Tokyo, Japan in 1961 pursuant to an agreement between the United Nations and the Government of Japan. Its goal is to contribute to sound social development in Asia and the Pacific region by promoting regional cooperation in the field of crime prevention and criminal justice
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