Public Prosecutor on the Stand: What about Equality of Arms?

Abstract

The symbolic framework adopted during a trial represents one of the most sensitive areas of criminal justice, compared to its substantive and procedural aspects. It remains fraught with symbolic meanings that paint a picture of the fairness of the trial. Foremost among these elements is the elevated position of the Public Prosecution on the bench alongside the sentencing judges, in contrast to the defense attorney, who stands on the ground.
This article discusses the history of the Public Prosecution and its rise to the bench, before examining the symbolic dimension of this privileged physical position, unlike that of the defense attorney, and its compatibility with the principle of the balance of arms between the parties to the criminal dispute, as a requirement for a fair trial.
To this end, the analytical and comparative approaches were adopted, through analyzing and researching the basis of the principle of the balance of arms and its scope of application. This is followed by tracing the roots and meanings of the Public Prosecution's privileges, most notably its elevated position on the bench alongside the sentencing judges, and examining the position of legislation and the judiciary on this matter. The research reached several conclusions, the most important of which is that the Public Prosecution enjoys multiple privileges during trials, including its elevated position on the bench, which aims to enable it to share the symbolic and legitimacy of the ruling judiciary, and to establish a distance between itself and the other parties. This undermines the requirement of judicial impartiality and the right to a fair trial. To enhance judicial impartiality, it is recommended that procedural amendments be made regarding the location, entry, and advocacy of judicial actors within the judicial space, in a way that presents the victim, the accused, and the Public Prosecution before the judge equally.