Independence Is Not Defiance

It is important to correct misunderstandings. The independence of a prosecutor is not an act of insubordination or blind defiance. On the contrary, it is a form of professionalism and the highest loyalty to the dignity of the institution and the law itself. Imagine a common scenario: a superior, perhaps due to pressure from other parties or performance targets, gives an order, “The case of A must be brought to court immediately!” This order sounds absolute. However, after examining the file, the prosecutor finds that the evidence is very weak and the prosecution is likely to fail, or worse, harm an innocent person. This is where independence is tested. A prosecutor who is only an "employee" will say "ready, execute!" to please his superiors. However, a prosecutor who is independent and professional will use his crown:legal conviction based on evidence. He will dare to compile an objective and argumentative analysis (case expose), and then convey it to his superiors. He will say, "Excuse me, Commander. Based on juridical analysis, this case has weaknesses in evidence X and Y. If we force it to go up, the risk is losing in court and our institution's image will be tarnished. Wouldn't it be better for us to return it to the investigator to be completed, or even stop it if it is not worthy in order to maintain the honor of the corps?" This attitude is not defiance. This is precisely the smartest form of loyalty. It protects the institution from a shameful defeat and protects the public from potential injustice. The prosecutor is not fighting his superiors; he is actually inviting his superiors to return to the correct procedural law.