US Prosecutor Gives Guest Lecture on Strategy and Criminal Prosecution Process

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jaksa amerika serikat berikan kuliah tamu terkait strategi dan proses penuntutan pidana 
| yuni afifah | ,

On Thursday afternoon (27/10/2022), FH UNAIR held a guest lecture titled “Strategies for Successful Prosecution of Emerging Crimes: US Perspectives.” The resource person presented at the lecture was Kavitha Babu, Permanent Legal Advisor to the United States Ministry of Justice. There, Babu explained how to prosecute criminal acts in the United States successfully.


Criminal law around the world is faced with new challenges in its implementation due to the emergence of emerging crimes. Emerging crimes are crimes that have only emerged recently, such as cybercrimes and transnational crimes. Babu explained that states must know how to respond to this crime, even though the criminal law models are different.


“In the United States, the prosecutor’s office is much more active in criminal processing than in Indonesia. In Indonesia, the prosecutor’s office only conducts a prosecution after receiving the results of an investigation from the police. Meanwhile, federal agencies and the police are more likely to cooperate in criminal investigations in the US. This collaboration began after the police and federal agencies completed a pre-investigation which was then reported to the attorney general’s office, said the attorney for the Northern District of Illinois.


Babu then explained the stages of criminal procedural law in the United States. These stages are essential to understand the overall process of running a criminal case. There are four stages: investigation, prosecution (charge), pretrial, and trial.


“These stages apply to all types of criminal offenses investigated in the United States, domestic and transnational crimes. The dynamics of exercising prosecution authority for a prosecutor depend on the complexity of the case, and the amount of evidence that can be collected. However, the burden of looking for evidence is on the police and federal agencies are more passive in finding evidence,” concluded the adviser to the United States Embassy in Indonesia.

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