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A procurator fiscal (pl. ''procurators fiscal''), sometimes called PF or fiscal, is a public prosecutor in Scotland (who, despite the title, has little to do with fiscal issues). They investigate all sudden and suspicious deaths in Scotland (similar to a coroner in other legal systems), conduct fatal accident inquiries (a form of inquest unique to the Scottish legal system) and handle criminal complaints against the police (administrative complaints are handled by the Police Complaints Commissioner for Scotland). They also receive reports from specialist reporting agencies such as Her Majesty's Revenue and Customs.〔Procurators Fiscal: (【引用サイトリンク】 url=http://www.scottish.parliament.uk/business/research/pdf_subj_maps/smda01-07.pdf )〕 For the majority of crimes in Scotland the procurators fiscal present cases for the prosecution in the Sheriff, District and Justice of the Peace Courts, and the case for the defence is presented either by the accused, a solicitor, or an advocate. The solicitor will work for a firm of solicitors, or in certain areas of Scotland could be a public defender working for the Public Defence Solicitors' Office. The procurator fiscal has the discretion not to prosecute and pursue alternatives free from political interference, but is always subject to the directions of Crown Office and the Lord Advocate.〔"The International Association of Prosecutors – Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors, which the Crown Office and Procurator Fiscal Service adopted in 1999, states “the use of prosecutorial discretion… should be exercised independently and be free from political interference” and requires prosecutors to “perform their duties without fear, favour or prejudice.” (【引用サイトリンク】 url=http://www.copfs.gov.uk/Resource/Doc/13423/0000034.pdf )〕〔"...the Lord Advocate as regards procurators fiscal may from time to time issue such instructions as may be deemed necessary for the purpose of giving effect to the provisions of this Act." (【引用サイトリンク】url=http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1927/cukpga_19270035_en_1#pt1-l1g8 )〕〔"The purposes for which the Lord Advocate may issue instructions to procurators fiscal under section 8(1) of the M1Sheriff Courts and Legal Officers (Scotland) Act 1927 shall include, in addition to the purpose mentioned in the said section 8(1), the speedy and efficient disposal of business in the sheriff courts." (【引用サイトリンク】url=http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1971/cukpga_19710058_en_3 )〕 == Origins == The office most likely originates in the Roman-Dutch and French manorial or seignorial administrator (Dutch ''procurator-fiscaal'', French ''procureur fiscal''), who, as the ''fiscal'' in the title suggests, was originally an officer of the sheriff (the local law enforcement officer and judge) with financial (fiscal) responsibilities: the procurator fiscal collected debts, fines, and taxes.〔(【引用サイトリンク】 url=http://www.law.ed.ac.uk/eyl/02repgv.htm )〕 However, such responsibilities had been eclipsed in the course of the 18th century by their duty as prosecutor in the sheriff court with the passage of the Criminal Procedure (Scotland) Act 1701. In this capacity they gave concurrence in private prosecutions and prosecuted on behalf of the Crown. The Sheriff Courts (Scotland) Act 1867 gave procurators fiscal full responsibility in law for prosecution of all criminal acts in Scotland.〔Fionda, J., ''(Public prosecutors and discretion: a comparative study )''. Oxford University Publishing. p. 65. ISBN 978-0-19-825915-2. Google Book Search. Retrieved on 2009-08-10.〕 Originally the fiscal was the sheriff's official and tenure of the office was at the pleasure of the sheriff.〔"Where a private Party prosecutes with Concurrence of the Procurator Fiscal,": Small Debts (Scotland) Act 1829 in ''(The Statutes of Great Britain and Ireland v. 69 ).'' His Majesty's statute and law printers p. 329. Google Book Search. Retrieved on 2009-08-10.〕 With the decline of private prosecution the fiscal came to be regarded more and more as under the control of the Lord Advocate. In 1776 the government started to pay procurators fiscal to take precognitions and in 1907 the right of appointing procurators fiscal was transferred to the Lord Advocate.〔"In 1907 the Sheriff Courts (Scotland) Act vested the right of appointment of procurators fiscal to the Sheriff Courts in the Lord Advocate." (【引用サイトリンク】 url=http://www.copfs.gov.uk/News/Historical/HistDevPF )〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Procurator fiscal」の詳細全文を読む スポンサード リンク
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