When someone becomes involved in criminal proceedings, it is common to think that the Public Prosecutor's Office is automatically against them. However, the legal reality is much more complex.
In one of Estradé Law Firm’s videos, Ignacio Estradé explains the true role of the Public Prosecutor within judicial proceedings and why thinking in terms of friends and enemies does not accurately reflect how the justice system works.
Because every participant in a legal process has a specific function.
The Prosecutor Is Neither Friend Nor Enemy
One of the first points Ignacio highlights is that the Public Prosecutor should not be viewed as either a friend or an enemy of any party.
Its role is not to favour or harm a particular individual, but to act in accordance with the law and the public interest.
For this reason, its actions are determined by the legal circumstances of each case rather than by personal interests.
What Is the Role of the Public Prosecutor?
The Public Prosecutor's Office operates under its own legal statute and has among its primary responsibilities the defence of legality, citizens' rights and the public interest protected by law.
In criminal proceedings, it generally acts as the public prosecutor against individuals under investigation or formally accused when it considers that sufficient evidence exists.
Its role is essential for the proper functioning of the justice system.
When the Prosecutor and the Accusing Party Share the Same Position
In many cases, the position of the Public Prosecutor aligns with that of the private prosecution.
This happens when both parties believe there is sufficient evidence to support a criminal accusation and a particular interpretation of the facts.
In these situations, their procedural interests may coincide throughout much of the proceedings.
When the Prosecutor and the Defence Disagree
There are also many situations in which the Prosecutor and the defence maintain clearly opposing positions.
While the defence seeks to protect the interests of the person under investigation or accused, the Prosecutor may pursue charges based on the available evidence.
This difference in positions is a normal part of any criminal proceeding.
Professional Relationships Beyond the Courtroom
Ignacio Estradé also points out a reality that is often unknown outside the legal profession.
Although lawyers, prosecutors and judges may defend different positions during a case, professional relationships outside the courtroom are usually based on mutual respect.
Legal confrontation is part of the job, but it does not necessarily imply personal confrontation.
A System Based on Different Roles
Understanding the role of the Public Prosecutor helps people better understand how justice works.
Because judicial proceedings are not built on friendship or hostility, but on clearly defined functions designed to ensure the application of the law and the protection of the rights of all parties involved.
