Prosecution Research Articles

The Prosecutor's Office of the Republic of Uzbekistan: A Philosophical Analysis of Its History, Current Role, and Objectives

The Prosecutor's Office of the Republic of Uzbekistan: A Philosophical Analysis of Its History, Current Role, and Objectives

Penguatan Kepastian Hukum Kewenangan Kejaksaan Sebagai Penyidik dalam Tindak Pidana Korupsi Sidang Perkara Nomor 28/Puu-Xxi/2023

Corruption cases in Indonesia still really need attention considering that the consequences can be detrimental to the state and society. Handling the eradication of corruption is then carried out by several state institutions which are given direct authority by law, one of which is through the Prosecutor's Office of the Republic of Indonesia. Legal certainty of authority is very necessary to create harmony between government institutions and avoid overlapping authority. Furthermore, in writing this article, we used an approach method, namely an empirical method with descriptive analytical research specifications. The formulation of the problem raised in this article is regarding legal certainty in strengthening the prosecutor's office as an investigator in criminal acts of corruption. Furthermore, the purpose of this article is to analyze legal certainty or the legal standing of the authority of the prosecutor's office as an investigator in criminal acts of corruption. The authority of the Prosecutor's Office is contained in Article 30 paragraph (1) letter d of Law 5 of 1991 concerning the Prosecutor's Office of the Republic of Indonesia which was later declared invalid by Law 16 of 2004 in conjunction with Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia. Then in Article 26 of Law no. 19 of 2019 Second amendment to UU No. 31 of 1999 concerning Corruption Crimes.

Pemenuhan Hak Korban Tindak Pidana Kekerasan Seksual dikaitkan dengan UU TPKS

Sexual violence is an act carried out through coercion that aims to fulfill the desires of the perpetrator regardless of the status of the relationship with the victim. Cases of sexual violence certainly have a negative effect on the victims. News about sexual crimes can easily be disseminated, especially since the world has entered the 4.0 era where all information can be easily disseminated using the internet and technology. So based on this, many of the victims are silent about the incident that happened to them because they are afraid that the negative impact will spread widely so that the victim will get ostracized in society. The purpose of this journal is to analyze the fulfillment of the rights of victims of crimes against sexual violence associated with the Law on Crimes of Sexual Violence. This journal method uses a qualitative type. The results of the analysis of this journal are that Law Number 12 of 2022 Articles 66-70 describes the rights of TPKS victims. Some of the rights of victims that are used as a scope include protecting victims from criminal prosecution, protecting against loss of access to politics, education, job transfers, and jobs, protecting victims from law enforcement officials if there is an act of demeaning officials, keeping the victim's identity confidential, protecting victims from violence or the perpetrator's threats, protection information is properly provided in accessing it, and provides protection facilities as well as information about victims' rights.

Research on the Civil Public Interest Litigation System for Personal Information Protection in China

At the level of legislative norms, Article 70 of the Personal Information Protection Law includes the infringement of personal information rights and interests of a certain scale and quantity into the scope of regulation, establish a special system for civil society to protect personal information, and endows personal information with corresponding civil public interest protection. Among them, according to the law content, civil public interest litigation prosecution subject by the people's procuratorate, part of the legal consumer organizations and the national net letter determine the organization, but only the procuratorial organ to determine the subject, the rest of the organization has not yet had a clear definition of standard and qualification scope, and between the prosecution subject priority has not yet specific provisions, the prosecution subject qualification and order is not clear, this must be clear and supplement the primary content. Second, the scope of litigation accepting cases fuzzy boundary, it comes down to the conditions of prosecution standard lack of unity, for the number of the victims of size and specific number interval not set the corresponding ladder standard, causing the condition of "many" specific connotation of meaning, so that the trial practice is difficult to present clear scope of accepting cases. In addition, personal information is characterized by a wide range of coverage, high difficulty in screening, and large individual differences in classification attributes. These unique attributes in judicial practice, how to accurately that personal information damage after the specific compensation amount become one of the problems need to be careful, how to ensure timely forensics, evidence collection, the whole process of legal behavior and ensure that the collected evidence has a strong force for another problem, and the plaintiff in the reality claims contain damages are often difficult to get real implement. Finally, for the jurisdiction of the case principle does not consider the particularity of public interest litigation, public interest litigation is a special form of litigation, plus personal information infringement in today's big data era in the background of the main media, more present a "more scattered" cross distribution pattern, cross-regional jurisdiction become "normalized" phenomenon, but the existing regional jurisdiction and level jurisdiction is not enough to achieve efficient target, running some cases will appear unreasonable. For the above problems, based on the reasons behind the mining phenomenon, based on the judicial practice and existing related cases, put forward the improvement of targeted Personal Information Protection in Civil Public Interest Litigation System, the main direction for the following content: first, clear prosecution subject qualification scope and build a clear standard, and based on the further sequence the priority between the subject. Second, we should explore the path to expand the scope of civil public interest litigation for personal information protection, and further clarify the identification standards of prosecution conditions. Third, clarify the basis for determining the amount of compensation, introduce the punitive compensation mechanism, and set up the applicable criteria of regional jurisdiction in line with the characteristics of civil public interest litigation of personal information protection. At the same time, improve the cooperation mechanism with relevant departments, effectively enhance the cooperation strength to help personal information protection.

Enforcement of the Principle of Legality to Living Law as Legal Basis in the Positivism of Displacement Customary Law

Living law is an inseparable part of the Indonesian criminal law system. However, in perspective of legality principle, living law causing pros and cons. The idea of regulating the living law in Indonesian, as the basis for criminal prosecution, for unregulated act is still debated. The issue that will be analysed in this article is how to apply living law/adat law as a basis for prosecuting criminals related to the existence of legality principle and, how to measure the enforcement of living law in criminal process. Based on the analysis using the principle of legality, it can be concluded that living law, as basis for prosecution, is contrary to principle of legality and protection of human rights. The enactment of living law can potentially create legal uncertainty and abuse of power by the government. Law enforcement against living law is also difficult to implement, because it is tied to the four indicators. Therefore, the living law provision better not be placed as part of general principles in the Indonesian Penal Code Bill. Keywords: Code Bill: Legality principle; Living law.

Analysis of the types of death before and after public prosecutor's investigations in Baden-Württemberg

Difficulties in diagnosing the cause of death have been widely discussed in the literature. However, studies on the quality assurance of the determination of the manner of death and the results of public prosecutor investigations are rare. In this study, data from six public health departments in Baden-Württemberg on all deaths from 2016-2018 were analyzed. Significant differences were found between the individual public prosecutor's districts with regard to the type of death determined during the medical post-mortem examination. In 6.3 [4.5-7.4]% of all deaths, the public prosecutor's offices initiated investigations. In 6.0 [4.3-8.5]% of these investigations, an autopsy was performed. A significant difference between the public prosecutor's districts could not be demonstrated in this regard.

AS CAUTELAS NA CONTRATAÇÃO DE CONSULTORIA E/OU ASSESSORIA JURÍDICA OU CONTÁBILSOB A ÉGIDE DA INEXIGIBILIDADE DE LICITAÇÃO À LUZ DA NOVA LEI DE LICITAÇÕES.

This article aims to explore the requirements for contracting consultancy services and/or legal or accounting advice under the auspices of the non-requirement of bidding in light of the New Public Tenders and Contracts Law. It seeks to highlight the precautions that must be observed by the contractor. Through the study of the laws that govern the matter, the position of the Minas Gerais Court of Auditors (TCE-MG), the doctrine and understanding of the Public Ministry on the subject, it was possible to conclude that direct hiring due to unenforceability is an exception to the sovereign rule, which is bidding. Therefore, all contracting requirements must be met concomitantly, in the same way as the “LIMPE” principles in the caput of art. 37 of the Federal Constitution must also be met together. Contracting due to the unenforceability of an object of contracting that would be considered common can be characterized as a fraud against the institute of broad competition and the penalty provided is imprisonment for the person who caused and who benefited from the illegal contracting. Furthermore, it was necessary to emphasize that the TCE-MG is not the only external control body. Other bodies, such as the Public Prosecutor's Office, are independent and may have a different understanding from another body.

Variações na aplicação dos acordos de não persecução penal em Maracanaú/CE: um estudo de caso sobre a dosimetria da pena de prestação pecuniária

This work examines the application of the Criminal Non-Prosecution Agreements (ANPPs) carried out in the Municipality of Maracanaú between 01/01/2022 and 12/31/2022, aiming to identify whether there is equality in the application of the monetary benefit sanction. The impact of Law no. 13,964/19, which introduced the Criminal Non-Persecution Agreement (ANPP) and allowed monetary benefits in criminal agreements, allowing discretion in negotiations, but without establishing fixed criteria for its application. The empirical research was conducted in 2022 at the criminal prosecutor's offices in Maracanaú-CE and involved data collection and subsequent comparison and analysis. The results indicate discrepancies in the use of ANPPs between ministerial units and, in certain cases, significant differences in the values ​​stipulated in the pecuniary benefit, raising questions about compliance with the principle of equality. A concrete dysfunctionality of negotiated criminal justice and, more broadly, of the Brazilian criminal prosecution system was revealed.

AS DIFICULDADES DA EFETIVA IMPLANTAÇÃO DO JUIZ DE GARANTIAS NO JUDICIÁRIO BRASILEIRO

The Law 13.964, of December 24, 2019, known as the Anti-Crime Package, introduced into the current Brazilian Code of Criminal Procedure the institution called the judge of guarantees, aiming to provide greater impartiality in judgment throughout all phases of criminal prosecution, as there will be one judge for the inquisitorial phase (police/investigation) and another judge for the procedural phase, thus improving the accusatory system in the legal framework. This institution gained special prominence after the judgment by the Supreme Federal Court (STF) of the four Direct Actions of Unconstitutionality (ADIs 6298, 6299, 6300, and 6305). From these rulings, it was defined what is constitutional and what is unconstitutional in Law No. 13.964/2019, as well as being considered a mandatory rule establishing a deadline for the implementation and operation of the judge of guarantees throughout the country. The issue to be analyzed will be whether the Brazilian legal system is prepared for the implementation of the judge of guarantees? The general objective will be to understand the structural, budgetary, and staffing difficulties, as well as the legislative competence dialectic regarding the implementation of the judge of guarantees in the Brazilian judicial system, for its effective implementation within the deadline established by the Supreme Federal Court. The specific objectives are to assess the obstacles and difficulties in the physical structures of courts and judicial divisions, point out budgetary difficulties, and the challenges related to the number of court and division staff. The methodology will follow the deductive method, using bibliographic research, with an exploratory objective, qualitative approach, basic nature, and systematic literature review, encompassing academic articles, books, and legal documents.

Track Record in Fight Against Corruption in Serbia – How to Increase Effectiveness of Prosecution?

To improve efficiency in the suppression of corruption and to fulfil international obligations, Serbia adopted the Law on the Organization and Competence of State Bodies in Suppression of Organized Crime, Terrorism and Corruption in 2016. The law foresees many new solutions that should contribute to the effectiveness of processing of corruption. One of the reasons for the adoption of law was the fulfilment of GRECO’s recommendations from the second round of evaluation, as well as the obligations stipulated in the national policy documents, the National Strategy for the Fight against Corruption (2013–2018), the Action Plan for Chapter 23 and the Strategy for Investigating Financial Crimes for the period 2015–2016.The measures and activities that were foreseen in the Strategy for Investigating Financial Crimes are aligned with European standards and good practice and are transposed in the Law on the Organization and Competence of State Bodies in Suppression of Organized Crime, Terrorism and Corruption. After six years of implementation of this law, it necessary to analyse the results and impact of its application.The goal of this research is to provide recommendations for the improvement of both national legislation and the practice of public prosecution in the suppression of corruption. In the paper, authors started from the assumption that the effectiveness of its suppression depends on the quality of the legal solutions that regulate the work of the public prosecutor’s office, as well as their application in practice. To realize the goal of the research, the dogmatic-legal method and content analysis were used in the paper.

Azərbaycan Respublikasının Prokurorluğunun hüquqi statusu, vəziyyəti və inkişaf perspektivləri (prosessual aspektdə)

The prosecutor's office in the Republic of Azerbaijan is the basis for ensuring the rule of law and protecting the rights and interests of citizens within the framework of the country's legislation. This article aims to examine the legal situation, current conditions and future prospects of the Azerbaijani prosecutor's office, paying special attention to its procedural functions. The legal authority of the prosecutor's office is determined by the national Constitution and relevant legislation. Currently, the current state of the prosecutor's office is characterized by a number of challenges and opportunities. It should be noted that the prosecutor's office in Azerbaijan plays an important role in the legal system of the country. The prosecutor's office contributes to the rule of law and the protection of the rights and interests of citizens by solving the problems encountered and using the opportunities that have arisen. Keywords: Republic of Azerbaijan, prosecution, procedural aspect, ınvestigation, court procedures, legal status, rule of law, ınternational standards.

Analisis Pertimbangan Majelis Hakim Atas Pelaksanaan Restitusi Terhadap Pemenuhan Hak Anak Korban Tindak Pidanan Pencabulan

In this study, the specific case related to the implementation of restitution in a child sexual abuse case is addressed in Decision Number: 114/Pid.Sus/2023/PN Kot Agung, which has become final and legally binding (Inkracht). The judge did not fully grant the restitution request submitted by the child victim of sexual abuse in the decision. The theories utilized in this research are the Theory of Judicial Consideration and the Theory of Legal Utility.. This research is normative or doctrinal legal research. The approach methods used in this study are analytical, statutory, and case approaches. The types and sources of legal materials utilized involve literature review, collecting secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data analysis in this legal research employs qualitative data analysis.The research findings indicate that the judge's consideration in decisions regarding restitution requests submitted by victims of sexual abuse, through the public prosecutor's indictment in Decision Number 114/Pid.Sus/2023/PN Kot Agung, is based on a thorough evaluation of the evidence presented, the condition of the victim, and the offender's ability to pay restitution. Besides justice in judicial considerations, the principle of legal utility in the judge's assessment of restitution plays a crucial role in ensuring that legal decisions are not only fair but also practically beneficial to the victim. Furthermore, the ideal concept for implementing restitution as a means of fulfilling rights and providing benefits for child victims of sexual abuse should include several essential elements: comprehensive and clear regulations, consistent law enforcement, easy access for victims, transparency and accountability, and prevention and rehabilitation. This ideal concept aims to offer better protection and justice for crime victims and ensure that offenders are held accountable for the impact of their actions

What happens to imprisonment rates when a progressive prosecutor is elected: Quasi-experimental evidence from Cook County

There has been a clear recognition in recent years that the United States' extremely high rates of imprisonment, coupled with significant racial disparities, are problematic. The progressive prosecutor movement has developed in response to these issues and has gained increasing attention over the past decade. Despite the growing importance of the progressive prosecutor movement in criminal legal reform efforts, we know little about the extent to which electing a progressive chief prosecutor actually leads to reductions in overall imprisonment rates and racial disparities in imprisonment, with no studies to our knowledge using data that capture preelection differences in imprisonment trends across jurisdictions. In this study, we begin to fill this gap by examining the implications of the 2016 election of Kim Foxx in Cook County, Illinois, for overall, Black, White, and Latinx imprisonment rates. Employing a quasi-experimental synthetic control approach that accounts for preelection differences in imprisonment trends, our findings suggest that Kim Foxx's election led to a reduction in the imprisonment rate overall, as well as for Black and White individuals. However, our findings suggest that substantial racial disparities in imprisonment persisted after her election.

REALIZATION OF THE FUNCTIONS OF THE PROSECUTOR’S OFFICE AS AN ELEMENT OF THE MECHANISM OF ENSURING NATIONAL SECURITY OF UKRAINE

The article is devoted to the study of the peculiarities of exercising the functions of the Prosecutor’s Office of Ukraine in the context of ensuring the national security of the State in the current conditions. Attention is focused on the procedural guidance of pre-trial investigation and support of public prosecution in court in criminal proceedings on crimes against the foundations of national security of Ukraine. The author notes that the main regulatory documents defining the main directions of the state policy in the field of national security do not mention the prosecutor’s office and its activities. At the same time, the work demonstrates that, as a key criminal justice body, the prosecutor’s office is actively involved in ensuring the national security of Ukraine within its competence. The author emphasizes the importance of the prosecutor’s office’s coordination activities in the area of combating crime, primarily crimes against the foundations of national security of Ukraine, cybercrime, corruption criminal offenses, offenses in the budgetary and economic security spheres, as well as organized crime, which have a destructive impact on the proper functioning of the national security of the State. The author provides examples of skillful use of coordination powers by the heads of individual prosecutor’s offices, which helped to orient law enforcement agencies to further effective counteraction to separatism, encroachment on the territorial integrity and inviolability of the State and other crimes against the foundations of national security of Ukraine. The author emphasizes the need to improve the mechanisms of interaction between the prosecutor’s office and other law enforcement agencies, which is crucial for a comprehensive approach to protecting national interests and citizens’ rights, which is the basis of a strong and stable state. The author substantiates the importance of timely and high-quality coverage of the work of the prosecutor’s office in the area of ensuring the national security of Ukraine using the capabilities of modern communication tools, such as the official Telegram channel of the Prosecutor General’s Office, the official pages of the Office on Facebook, Twitter and YouTube.

REPRESENTATION OF THE STATE’S INTERESTS IN COURT AS A FUNCTION OF THE PUBLIC PROSECUTOR’S OFFICE: FEATURES OF LEGISLATIVE REGULATIONS

The article highlights some features of the legislative regulation the representation of the state’s interests in court by the public prosecutor’s office, the peculiarity of which periodically become the objects of review by the Constitutional Court of Ukraine, initiated by interested parties, who in current conditions demand revision of such regulation for its compliance with the principles of the rule of law. The purpose of the article is to highlight the peculiarities of the legislative regulation of the representative function of the prosecutor’s office through the prism of establishing its compliance with European standards of the prosecutor’s office activities in the researched field, the method of legislative determination of the scope of the representation of the state’s interests by the prosecutor’s office, the legitimate purpose of adopting legislative provisions on prosecutorial representation, ensuring the implementation of the representation of state’s interests in court by the prosecutor’s office in exceptional cases, the expediency of introducing changes to the legally defined mechanism of implementation of the representative function by the prosecutor’s office regarding the substantiation by the prosecutor of the grounds for such activities, as well as highlighting one’s own vision regarding its further development. It is stated that the constitutional and legal regulation of the prosecutor’s office function of representing the interests of the State in court is characterized by a number of legal categories which are evaluative in nature, and which, given the lack of their legislative definition, are understood in the legal positions of the Constitutional Court of Ukraine and in the practice of the relevant entities applying law, mainly, judicial and prosecutorial practice. It is established that the updated constitutional and legal status of the prosecutor’s office in Ukraine in terms of determining the scope of its powers in activities outside the criminal justice sphere through the prism of the function of representing the State’s interests in court in exceptional cases and in accordance with the procedure established by law embodies the European standards of the prosecutor’s office, whose defining mission in this area is to represent general or public interests, protect human rights and fundamental freedoms, and ensure the rule of law, which corresponds to the legally defined purpose of public prosecutor’s office in Ukraine. It is proved that the method of constitutional definition of exceptional cases of the prosecutor’s office’s function of representation of the State’s interests in court indicates that the legislator does not intend to limit their legislative consolidation to the limits of a specific special law and does not exclude the possibility of their consolidation in the provisions of other laws, since the list of these cases cannot be determined in advance, but should be determined in accordance with the interests which require protection in a particular historical period. It is proposed to apply a balanced approach to introducing changes to the legislatively defined mechanism for exercising the representative function by the prosecutor’s office with due regard for the achievements of judicial and prosecutorial practice of its application, so as not to make it impossible to protect the interests of the State by means of prosecutorial representation.

Changes in Pretrial Authority through the Decision of the Constitutional Court

Pretrial authority underwent changes in authority through the Constitutional Court Decision. This research aims to examine and analyze several judicial reviews of pretrial objects, consisting of Constitutional Court Decision Number 21/PUU-XII/2014, Constitutional Court Decision Number 109/PUU-XIII/2015, Constitutional Court Decision Number 102/PUU-XIII/ 2015 & Constitutional Court Decision Number 130/PUU-XIII/2015, which as a whole, the a quo decision changes pre-trial authority. The formulation of the problem in this research is 1). What is the role of the Constitutional Court in making legal breakthroughs regarding pretrial? 2). What are the dynamics and issues behind the Constitutional Court's decision in changing pre-trial authority? The research method used in this research uses doctrinal legal research methodology. This research concludes that: 1). The role of the Constitutional Court in making legal breakthroughs regarding pre-trial can be seen in, first: the Constitutional Court determines that the determination of suspects is included in the object of pre-trial. Second: The Constitutional Court limits the scope of pre-trial material law to the position of KPK investigators which cannot be equated with POLRI investigators, that KPK investigators stand alone with Law no. 30 of 2003 as amended in Law no. 19 of 2019 concerning the Corruption Eradication Commission. Third: ending the multiple interpretations of judges, discontinuing pre-trial applications when the case has been examined or entered the main case. Fourth: the submission of a notification letter for the start of an investigation is extended not only to the public prosecutor, but also to the suspect and the reporter/victim. 2). The dynamics and issues behind the Constitutional Court's decision in changing pre-trial authority, namely related to pre-trial authority in determining suspects, the dismissal of pre-trial petitions, the submission of SPDP, the entire Constitutional Court's decision has not been followed up in the form of a revision of the law

Examining Nursing Medical Malpractice Cases Related to Medications.

The aim of this study was to analyze medication-related nursing medical malpractice cases to gain insights regarding how malpractice risk can be reduced. The criminal prosecution and verdict of nurse RaDonda Vaught focused attention on the potential medicolegal risk for nurses related to medications. Medication-related medical malpractice cases involving nurses were obtained from a national database. Various attributes of these cases were examined, including contributing factors, injury severity, and case outcomes. Authors identified 231 nursing medication-related medical malpractice cases closed from 2017 to 2021. The most frequent adverse events involved medication administration. Not following policies or protocols was the most common contributing factor. Opioids and epinephrine were the medications most frequently involved in the cases. Indemnity payments were made in 56.3% of the cases, with an average indemnity payment of $366 002. Nursing medication-related medical malpractice cases are relatively uncommon, which may reassure nurses regarding medicolegal risk. Medications and contributing factors involved in the cases suggest patient safety interventions including education related to policies, procedures, and protocols.

The eu’s policy towards modernizing the legislative framework on anti-corruption anti-corruption reforms in bulgaria

This article explores the EU’s anti-corruption legislation and policy framework, with a focus on Bulgarian reforms. It reviews key EU directives and institutions involved in combating corruption, and assesses Bulgaria’s progress and alignment with EU standards. The study examines the successes and challenges of Bulgarian anti-corruption measures through comparative analysis and case studies, offering insights into the effectiveness of these initiatives. Key EU bodies such as the European Anti-Fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO) are highlighted. Key terms include EU legislation, anti-corruption policy, Bulgaria, judicial reforms, and EU directives.

Herramientas jurídicas contra la colusión en procesos de contratación pública en Colombia. Perspectiva punitiva y fiscal.

Corruption in Colombia is a large and overdiagnosed problem. Especially, collusion in state contrac- ting processes deserves attention due to its damaging potential for the treasury and the social eco- nomic order. In this regard, there are several alternatives for the prevention and prosecution of such behavior. Among them, administrative sanctioning law, as well as surveillance and fiscal control are the most efficient measures. The same does not happen with the criminal prosecution. Why?

The impact of the current medico-legal and regulatory culture in Ireland on the decision of graduate entry medical school students to pursue a career in obstetrics and gynecology

ObjectivesMedico-legal and regulatory culture has a significant impact on medical practitioners, including the decision of graduates to enter high-risk specialties. This study explores the impact of the current medico-legal and regulatory culture in Ireland on the decision of graduate entry medical students to enter one high risk specialty, obstetrics and gynecology. Study DesignWe conducted a survey of 146 final-year, graduate-entry medical students pre- and post- a 6-week rotation in obstetrics and gynecology in Ireland. Participants were asked to rate the influence (on a four-point scale) of factors such as fear of being sued, being reported to the regulatory body or criminal prosecution on their decision to pursue a career in obstetrics or gynaecology. Data were matched pre- and post-rotation and McNemar-Bowker’s test was used to test for differences in related data. All analysis was conducted using SPSS for Windows version 25. ResultsThe responses of 72 students to both questionnaires could be matched (response rate 49.3%). The majority of participants pre-rotation reported that fear of being sued (74%), fear of being reported to the regulatory body (70%) and fear of criminal prosecution (55%) were factors influencing their decision (somewhat or to a great extent) to pursue a career in obstetrics. There were no significant changes post-rotation. Compared to obstetrics, lower proportions of participants pre-rotation considered fear of being sued (54%), fear of being reported to the regulatory body (50%) and fear of criminal prosecution (40%) as factors influencing their decision to pursue a career in gynecology. There were no significant changes post-rotation. ConclusionsMedico-legal and regulatory culture is shaping the perceptions of graduate entry medical students of obstetrics and gynecology and influencing their decision to pursue a career in the speciality. Understanding the impact of medico-legal culture on career choices including a high-risk specialty such as obstetrics and gynecology is important from both a policy and reform context, and if the healthcare service is to recruit and retain adequate numbers to ensure the safe provision of healthcare.