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April 23, 2026

Combining the powers of investigation and prosecution: a constitutional violation

The concentration of both investigative and prosecutorial powers in the hands of the public prosecutor violates the principle of justice and places the accused under the dominance of their adversary. This contravenes the constitutional principle of impartiality and objectivity. The investigation must safeguard the rights of the accused and be conducted independently to ensure a fair trial, with the final determination of the charge resting with the investigating and trial courts.

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