In most general jurisdictions, the Attorney General (sometimes abbreviated as AG ) or General Attorney (plural: General Attorney > (traditional) or Attorney General ) are the principal legal advisors to the government, and in some jurisdictions, they can also have executive responsibility for law enforcement, prosecution or even responsibility for legal affairs in general. In practice, the extent to which the Attorney General personally provides legal advice to governments varies between jurisdictions, and even between individual holders in the same jurisdiction, often depending on the level and nature of previous legal experience of the office owner.
Where the Attorney General has the responsibility of the minister for general legal affairs (as, for example, with the US Attorney General or the Attorney General for Australia, and each State Attorney in each country), the portfolio of ministries is largely equivalent with the Minister of Justice in several other countries.
The term was originally used to refer to anyone who holds the general power to represent a principal in all matters. In the tradition of common law, whoever represents the state, especially in criminal prosecution, is such a lawyer. Although the government may appoint some officials as permanent prosecutors, whoever comes to represent the state in the same way, in the past, may be called, even if only for certain cases. Today, however, in most jurisdictions, the term is largely reserved as a permanently appointed state attorney's title from the state, sovereignty or other members of the royal family.
The jurisdiction of civil law has the same office, which may be called "public prosecutor", "bb> procurators ", " public supporters ", " public lawyer " , and other titles. Many of these offices also use the "Attorney General" or "Attorney General" as English translations of the title, although due to different historical origins, the nature of these offices is usually different from the public prosecutors in the jurisdiction of common law.
Video Attorney general
Etimologi
With regard to the etymology of the sentence of the Attorney General, Steven Pinker writes that the earliest quotation in the Oxford English Dictionary is from 1292: "Tous attorney general purrount lever fin et et cirrographer" (All public lawyers can charge a fee) fines and make legal documents). This phrase was borrowed from Anglo-Norman French when Britain was ruled by Normandy after the conquest of England in the 11th century. As various French, spoken in the courts of law, schools, universities and in the nobility and bourgeoisie, government-related terms were introduced into English. The expression of the attorney general consists of a noun followed by a common postpositive adjective and as in other French plural forms the plural also appears as a "general of lawyers" . Compared to the great general, a term that also comes from the French language ("major-gÃÆ'nal nal") and also has a positive adjective, it also appears as a "general lawyer" . Steven Pinker writes: "So if you are challenged to say prosecutors, mother-in-law , passerbys ... you can reply, 'They is a very modern model of a great general. "
Maps Attorney general
Attorney General in common law and hybrid jurisdiction
Attorney-General in the jurisdiction of common law, and jurisdiction with a legal system that partly derives from the common law tradition, sharing a common origin.
Australia
In Australia, the Attorney General is the chief legal officer of the Crown and a member of the Cabinet. The Attorney General is the minister responsible for legal affairs, national and public security, and the Australian Security Intelligence Organization. Christian Porter is the current Attorney General. Each Australian state has separate prosecutors, who are state ministers with the same responsibilities as federal ministers with respect to state law.
The functions of state and federal attorney general include the electoral administration of persons to be nominated to a judicial post, and to legalize prosecution. Under normal circumstances, the Attorney General's Attorney shall be exercised by the Director of Public Prosecutor and staff; however, the Attorney General retains formal control, including the power to start and stop public prosecution and take over private prosecution. The criminal law law provides that prosecution of certain offenses requires individual consent from the Attorney General. This is generally for violations of which the illegality is somewhat controversial or where there is considered a significant risk that a political prosecution can begin. The Attorney General's Office also generally has the power to issue certificates legally containing certain facts (for example, that disclosure of certain matters in litigation may be a risk to national security); the facts contained in the certificate must be accepted by the court and can not be legally disputed by any party. The Attorney General also has the power to issue a nolle prosequi in respect of a case, which authoritatively determines that the country (where the allegations of the name carried) does not wish to try the case, thus preventing everyone from doing so.
For Attorney General from various Australian states and territories, see:
- The Australian Capital Territory's Attorney
- Attorney General of New South Wales
- The Northern District Attorney
- Queensland Attorney General
- South Australian Attorney General
- The Attorney General of Tasmania
- Attorney General Victoria
- Attorney General of Western Australia
Bangladesh
Barbados
Canada
The Attorney General of Canada (French:
Separate cabinet position, Minister of Public Security (Ministre de la SÃ © Ã © curitÃÆ' Â © publique ), formerly "Lawyer General ", managing law enforcement agencies (police, prisons, and security) from the federal government.
For Attorney General from various provinces in Canada see:
- Alberta Minister of Justice and Attorney General
- British Columbia Attorney
- The Minister of Justice and Attorney General (Manitoba)
- The Office of the Attorney General (New Brunswick)
- Minister of Justice and Public Security and Newfoundland and Labrador Attorney General
- The Minister of Justice of the Northwest Territories
- Attorney General and Justice of Nova Scotia
- Justice Minister Nunavut
- Attorney General of Ontario
- Minister of Justice and Public Security and Attorney General of Prince Edward Island
- Ministry of Justice (Quebec) (also as Attorney General)
- Minister of Justice and Attorney General Saskatchewan
- The Minister of Justice (Yukon)
Fiji
In Fiji, the role of the Attorney General is defined as "providing essential legal expertise and support to the Government". More specific functions include "legislative drafting", "legal aid", "prerogative of mercy" (advising the President), "liquor licensing" and "film censorship".
The current Attorney General is Aiyaz Sayed-Khaiyum. In January 2008, he sparked controversy by accepting other government positions in addition to his role as Attorney General. Sayed-Khaiyum is currently also responsible for "Public Companies, Electoral Reform and Anti-Corruption". An article in the Fiji Times shows that "never before in the history of this nation had the Attorney General held portfolios related to matters other than law and justice", and criticized the decision.
Hong Kong
The Justice Secretary, known as the Attorney General before the Transfer of Sovereignty in 1997, is a legal advisor to the Hong Kong Government and heads the Department of Justice. They were assisted by five law officers, namely:
- Attorney General who heads the Legal Policy Division,
- The Chief Prosecutor who heads the Prosecution Division,
- The Legal Officer (Civil Law) who heads the Civil Law Division,
- Legal Officers (International Law) who heads the International Legal Division, and
- Law Draftsman who heads the Legal Drafting Division
(Division of Administration and Development headed by Administration Officer.)
Crime and offenses are prosecuted for the lawsuit of the Secretary of Justice.
The Justice Secretary, appointed by the Chinese government on the advice of the Chief Executive of Hong Kong, is a member of the executive board of Hong Kong. This position is usually held by a legal professional, and before July 2002, the position of civil servants.
India
ireland
The Attorney General of Ireland is a legal advisor to the Government and therefore is the head of state law. The Office of the Prosecutor General, comprised of a number of different offices:
- Attorney General's Office (located on Merrion Street, Dublin 2) containing Adviser Advisors to the Attorney General
- The Office of the Parliamentary Advisor to the Government (also located at Jalan Merrion, Dublin 2) containing Parliamentary Advisors drafting legislation and having responsibilities in the field of revision of the Statute Law
- Chief State Attorney's Office (CSSO) (located at Little Ship Street, Dublin 8) containing lawyers representing Lawyers and States
Since the enactment of the 1974 Prosecution Prosecution the responsibility for the prosecution of alleged criminal offenses has been largely in the hands of the Director of Public Prosecution which is independent of the Attorney General and the State. The current attorney general is SÃÆ' Â © amus Woulfe, SC.
Isle of Man
On the Isle of Man, the Attorney General is a Crown pledge (appointed by the British government) and sits on the Isle of Man Legislative Council, 'ex officio'.
Israel
The Israeli Attorney General is the chief prosecutor of the state, the person who advises the government on legal matters, the person representing the state authorities in court, and advises in preparation for a memorandum of public law in general and the Minister of Justice in particular (also he examines and suggests for personal proposals for the law of Knesset members).
Jamaica
This is a position that exists in Jamaica for a long time.
The Hon. Marlene Malahoo Forte, QC, MP is the new Jamaican Attorney General on March 7, 2016.
Kenya
In Kenya, the Attorney-General is a Principal Legal Advisor to the Government and Members of Parliament and Cabinet. His duties include formulating legal policies and ensuring proper administration of Kenya's legal system including professional legal education. Assisting the Attorney General in performing his duties as Principal Legal Advisor to the Government are:
- Public Attorney
- Senior Representative of the Public Attorney
- Director of Public Prosecution
- Registrar General
- Administrator General
- Chairman of the Advocate Complaints Commission
- Chairman of the Parliamentary Advisor
- Chairman of Country Advisor
Kiribati
In Kiribati, the Attorney General is defined by article 42 of the Constitution as "the principal legal adviser to the Government". The Constitution sets out: "No person is eligible to hold or act in the Attorney General's office unless he is qualified to practice in Kiribati as an advocate in the High Court." The current Attorney General, in 2016, is the Honorable Sergeant Semilota.
Malaysia
In Malaysia, the Attorney General or State Peguam (as he is mentioned in Bahasa Malaysia) is the principal legal advisor to the Government. He is also the country's main public prosecutor, and is also known as the Public Prosecutor. He has the power, may be at his discretion, to institutionalize, conduct or stop all proceedings for an offense, other than proceedings before the Shariah court, the indigenous courts or the military courts. The German Attorney General today is Tommy Thomas since 2018. Maldives
Mauritius
In Mauritius, the Attorney General, who is supposed to be a lawyer, is a major legal advisor to the government and holds a ministerial position.
The Office of the Prosecutor-General is also responsible for drafting legislation, and examining all contracts or agreements to which the government is a party, including international treaties, agreements or conventions.
Myanmar
Nepal
In Nepal, the Attorney General is the principal legal advisor of the Government of Nepal and its chief prosecutor. An Attorney General is appointed by the President on the recommendation of the Prime Minister. The AGO is a constitutional body under the Constitution of Nepal (2072). In order for a person to qualify for the position of the Attorney General, they must also be eligible to be appointed as judges in the Supreme Court.
New Zealand
In New Zealand, the Attorney General is the head of New Zealand government legal and legal counsel. The Attorney General is the Minister responsible for the Crown Law Office, the Office of the Parliamentary Advisor, and the Office of Serious Scams. Historically, the post could be held by a politician or by a senior jurist, but today, it is always held by a member of Parliament. The Attorney General attends the Cabinet, but his position is not the same as the Minister of Justice. Traditionally, the people appointed to the Attorney General's position have become lawyers. Only two former attorneys who have not become lawyers, recently was Dr Michael Cullen who held office in 2005, and returned from 2006.
Pakistan
The Attorney General of Pakistan is a legal advisor to the Pakistani government and the public prosecutor.
Philippines
Attorney General of the Philippines is an office that existed from 1901 to 1932, when the office was removed and its functions taken over by the Secretary of Justice. Since then, the Philippine General Attorney, previously a second law official, has been a major legal officer and lawyer of the Philippine Government. Public Defender's Office is a law firm of the Republic of the Philippines. His job is to represent the Philippines, the Government of the Philippines, and all its officials in litigation or matters requiring the services of a lawyer especially before the appeals court. This is an independent and autonomous office attached to the Department of Justice for budgetary purposes.
Samoa
In Samoa, the Attorney General is a lawyer for the government. The current Attorney General is Aumua Ming Leung Wai.
Singapore
The Attorney General of Singapore is a legal advisor to the government of the Republic of Singapore and the public prosecutor. The current Attorney General is Lucien Wong.
Sri Lanka
The Sri Lankan Attorney General is the principal legal advisor of the Government of Sri Lanka and the head of the Attorney General's department who is the public prosecutor.
Tonga
The Office of the Prosecutor General was established in Tonga in 1988, and was held in conjunction with the portfolio of the Minister of Justice until they were separated in 2009. The Attorney General was defined as "Principal Legal Counsel for the Government".
Trinidad & amp; Tobago
According to the Constitution of Trinidad and Tobago, the supreme law of the nation, the Attorney General shall be responsible for the administration of legal affairs in Trinidad and Tobago and legal proceedings against and against the State shall be taken-- (a) in the case of civil proceedings, on behalf of the Attorney General; (B) in the case of criminal proceedings, on behalf of the State.
United Kingdom
England and Wales
The Attorney General for England and Wales is also the chief legal officer of the Kingdom in England and Wales, and advises and represents the Crown departments and government in court. In practice, the Treasury Solicitor (which also has a Procurator General degree) usually gives a Treasury Counsel lawyer or brief to appear in court, even though the Attorney General may appear in person. The person appointed for this role provides legal advice to the Government, acts as a representative of the public interest and solves the problem between government departments.
The Attorney General has the authority to oversee the prosecution of a criminal offense, but is not personally involved with the prosecution; however, some prosecutions (eg riots) can not begin without their consent, and they have the power to stop prosecutions in general. The criminal prosecution is the responsibility of the Crown Procuratorate, led by the Director of the Public Prosecutor. The Attorney General may appeal to a higher court where, although certain cases are resolved, there may be a point of public interest law in question.
Deputy Attorney General is the Public Attorney for England and Wales.
Northern Ireland
Since the Prologue of the Northern Ireland Parliament in 1972, the Attorney General for England and Wales was also the Attorney General for Northern Ireland. The separate Attorney General's Office for Northern Ireland was recreated with the new Office of Advocate General for Northern Ireland on the devolution of police and judicial powers to the Northern Ireland Assembly in 2010.
Scotland
Under the recent constitutional reform, Lord Advocate has become an official of the Scottish Government, while the Royal Government is recommended in Scottish law by the Advocate General for Scotland.
Lord Advocate is assisted by a Public Lawyer for Scotland.
Wales
Under the Wales Law of 2006, the General Counsel is the ultimate legal advisor to the Welsh Assembly of the United States.
Other general lawyer in the United Kingdom
Attorney General Duchy of Cornwall is the principal legal advisor to the Prince of Wales, and there is a separate Attorney General for the Duchy of Lancaster, a promise held by the Crown.
United States
In the United States federal government, the Attorney General is a member of the Cabinet and, as head of the Department of Justice, is a law enforcement officer and lawyer for the government. The Attorney General may need to be distinguished from the Attorney General, a high Justice Department official with the responsibility of representing the government before the Supreme Court. In very important cases, however, the Attorney General may elect personally to represent the government to the Supreme Court.
Each US state and territory, as well as the federal capital of Washington, D.C. also has a public attorney with the same responsibility. The majority of state prosecutors are elected by general election, as opposed to the US Attorney General, who is a Senate-confirmed presidential candidate.
In almost all jurisdictions of the United States, the attorney general is the principal law enforcement officer of the jurisdiction, and thus the attorney general may also be considered a police officer. The right form to handle someone holding the office is addressed to Mr. or Mrs Attorney General, or only as Attorney General. The plural is "General Attorney" or "Attorney General".
Zimbabwe
The Attorney General is the Zimbabwean government's main legal advisor. The office is under the Ministry of Justice and Legal Affairs.
src: www.nydailynews.com
Similar offices in non-public legal jurisdictions
Non-public law jurisdictions typically have one or more offices that are similar to those of general prosecutors in the jurisdiction of common law, some of whom use "attorney-attorneys" as English translations of their titles.
Afghanistan
The Afghan Attorney General (AGO) is a legal advisor to the Government of the Islamic Republic of Afghanistan (GIRoA). It also monitors the implementation of the law to promote peace and prosperity through the rule of law, and to improve the quality of life of the Afghan people. Mohammad Ishaq Aloko is currently the Attorney General of the Islamic Republic of Afghanistan.
The mission of the Prosecutor's Office is to serve all Afghans, without discrimination, by defending the people's right to safety and security, and ensuring justice, impartiality and fairness when investigating and prosecuting crime. It also requires monitoring the implementation of the law to promote peace and prosperity through the rule of law, and to improve the quality of life of the Afghan people.
Brazil
In Brazil, the United States Attorney General (Portuguese: Advogado-Geral da UniÃÆ'Â £ o
) is responsible for the defense of federal government law, legally known as the Union > UniÃÆ' Â £ o ), and advises the President of the Republic on legal matters. The current Attorney General is Grace MendonÃÆ'§a.
A separate position, the Prosecutor General of the Republic (Portuguese: Procurador-Geral da RepÃbblica ), is the head of the Public Prosecutor's Office ( MinistÃÆ' Â © rio PÃÆ'ºblico da UniÃÆ' Â £ o ). The Attorney General is appointed by the President and confirmed by the Senate. The current Attorney General is Raquel Dodge.
The third position, General of the Federal Public Defender, oversees the federal public defender's office.
Crimea
In the Republic of Crimea, the Attorney General's office is known as the Attorney General's office, hence the name of the role or position. This office was previously held by "Prosecutie" Natalia Poklonskaya, which garnered internet fame as "Prosecutie" since March 2014.
Dominican Republic
In the Dominican Republic, ProcuradurÃÆ'a General de la RepÃÆ' ººlica is an institution owned by the executive branch responsible for representing the Dominican State in a court of law, defending the public interest, ensuring respect for appropriate legal proceedings and supervising the penitentiary in the Republic.
German
Hungarian
Indonesia
The Attorney General of Indonesia ( The Attorney General of the Republic of Indonesia ) is responsible for advising the Government on legal matters as well as exercising Supreme Court orders. The Office of the Prosecutor General ( Attorney General of the Republic of Indonesia ) has rank and power equivalent to other ministries or departments in the cabinet. This office is not part of the Department of Justice in the Cabinet, the Cabinet has its own Department of Justice and Human Rights ( Ministry of Law and Human Rights ) with separate Minister of Justice and Human Rights ( Minister of Justice and Human Rights ) that focuses on making more technical and regulatory rather than executing the orders of the Supreme Court. The Attorney General is also the Attorney General. Thus, the Attorney General can represent the Government in the Supreme Court. The Attorney General has the authority to prosecute and prosecute criminals and offenders. Indonesia's Attorney General today is HM Prasetyo, who has served since 2014.
Italy
In Italy there is no equivalent to the Attorney General, and all comparisons risk being misleading because of differences in the legal and constitutional systems. The very equal target of the US Attorney General is Ministro della Giustizia , who is a member of the government and head of the Italian Justice Department. Also the British Attorney General has no direct equivalent, since the function of legal counsel for the government does not exist as such, and part of his responsibility is at Avvocato Generale dello Stato , responsible for representing the State in a civil, criminal or administrative, but is not liable for prosecution.
Prosecutions in Italy enjoy the constitutional independence of the Government, and are entrusted to a district attorney, the Procuratore della Repubblica (one for each common court), Procuratore Generale (each Court of Appeal) Procuratore Distrettuale Antimafia , Procuratore Generale (Cassation Court) and Procura Nazionale Antimafia .
Mexico
In Mexico, the Procuraduráa General de la RepÃÆ'Â ºblica is the institution of the federal executive branch responsible for the investigation and prosecution of federal crimes.
Netherlands
In the Netherlands, there are two types of prosecutors-generals, who are only historically related.
The first type of attorney general ("advaat-generaal" in Dutch) is the public prosecutor in criminal cases in the appeals court.
The second type of attorney general ("procureur-generaal", while their replacement is called "advaat-generaal") is an independent advisor to the Supreme Court. These people provide opinions on cases (called "conclusies") in the field of law (not just criminal law), supported by scientific staff. The Supreme Court may follow or reject the attorney general's opinion (published in conjunction with the final decision). On the one hand, an attorney general acts as another judge, but in a Dutch system that does not allow dissent to be published, it is the only way to reflect a different perception on a case. Procureur-Generaal also demands MPs in cases of apostasy.
The Dutch general prosecutor did not usually suggest the government.
Norwegian
The Norwegian Attorney General's Office (Norway: Regjeringsadvokatembetet ) is a legal advisor to the government. The Attorney General assists the government executive branch with legal questions, and to conduct civil law trials. The Attorney General is a subordinate to the prime minister.
Director of the Norwegian Public Prosecutor (Norway: Riksadvokaten ) is the head of the Norwegian Prosecution Service, an independent government body that only subordinates "King-in-Council" (State Council (Norway )). The Judge Advocate General of Norway (Norway: Generaladvokaten ) is the head of the military prosecution authority, and the subordinate of riksadvokaten . Russian
Serbian
In Serbia this office is called the Prosecutor General of the Republic of Serbia. It is the person who represents the state authorities in the courts and administrative bodies, and advises the government on civil law matters. Crime and offenses are prosecuted by the Public Prosecutor.
USSR
Spanish
In Spain, this office is called the Fiscal General del Estado and also the Ministro Fiscal, as it is also the head of Spain's 'Ministerio Fiscal', an institution dedicated to promoting justice, defense of the law, citizens and the public interest, and to ensure the independence of the courts and to seek satisfaction from social interests.
Vietnamese
The Attorney General's Office is the head of Vietnam's Supreme People's Ruler
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