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12. General
principles of criminal prosecution
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Article 72-The
prosecutor code of conduct |
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| 72.1 |
Prosecutor code of conduct |
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The criminal prosecutors code of conduct is a set of rules outlining the basic and essential ethical standards by which any and all criminal prosecutors shall represent the case of the state against the accused and conduct themselves in relation to all criminal cases.
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| 72.2 |
All criminal prosecutors shall be bound by this code of conduct
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All criminal prosecutors and their assistants shall be bound by the rules of the code of conduct. No excuse of law, or any other, may be used to defend a direct and intentional breach of the code of conduct by a criminal prosecutor.
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| 72.3 |
Swearing an oath to the code of conduct
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All criminal prosecutors shall be bound to swear an oath to this code of conduct upon being appointed the prosecutor at the commencement of any arraignment hearing and again at any trial or criminal hearing, namely:
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“By the Judicial Code of African Union, and by the honor of the constitution of African Union and its laws, I shall dutifully and honestly serve at as a criminal prosecutor and adhere at all times to the code of conduct governing all attorneys of criminal prosecution.”
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Any prosecutor who does not swear this oath, or who refuses to swear this oath shall be banned from entering the courtroom for any matter and shall be liable for dismissal from any certification/registration to practice criminal law in African Union.
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| 72.4 |
Summary of Ten standards |
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It is to these truths and ideals that I shall hold my position and no other: |
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1. That I (a criminal prosecutor) shall seek to perform the duties and responsibilities of prosecutor to the best of my abilities; |
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2. That I (a criminal prosecutor) pledge my allegiance to the constitution of African Union and shall do all within my power to protect the integrity and independence of the judiciary;
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3. That I (a criminal prosecutor) pledge my honor and duty to upholding the essential rights of the state and victims to see that justice is done through a successful indictment, and any fair hearing or trial;
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4. That I (a criminal prosecutor) shall give each prosecution case my complete and best attention and that I shall not allow my caseload to become so heavy as for the prosecution of any one case suffer because of my limited time;
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5. That I (a criminal prosecutor) shall explore the details of each case thoroughly and that all evidence and disclosure requirements of the defense so a fair prosecution shall be pursued according to the law;
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6. That I (a ccriminal prosecutor) shall never allow my personal life, relationships or beliefs to be associated with, or influence in my judgment in any prosecution matter before me;
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7. That I (a criminal prosecutor) shall seek to render prosecution with care, precision and without delay;
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8. That I (a criminal prosecutor) shall investigate every possible piece of evidence and every possible legal method of prosecution within the strict limits of the law;
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9. That I (a criminal prosecutor) shall refrain from public and political comment concerning a prosecution case whilst it remains in court;
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10. That I (a criminal prosecutor) shall avoid impropriety and the appearance of impropriety;
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