function of a magistrate their status is that of a fonctionnaire public, not a magistrat. h¡ 5. Ministère public, ministerio fiscal, ministerio público, fiscalía, procuraduría and their counterpart in England The functions of the department of justice called by the above names in French-speaking and Spanish-speaking countries are summarized very briefly in the entry for ministère public. It is responsible on behalf of the Executive for safeguarding the public interest generally in all spheres of civil and criminal justice. Its duties include criminal investigation (through the police judiciaire, policía judicial) and prosecution of offences, as well as participation in civil proceedings involving legally incapable persons, such as lunatics and minors, and missing persons. In the administrative branch of French justice its role is replaced by that of the commissaire du gouvernement. 2/ This list reproduces that of the Guide pratique de la Justice published by the Ministry of Justice. Other works differ as to the professions which should be included among the auxiliaires de la justice, and as to which of them are officiers pubücs, officiers ministériels or both. lí And in the Council of State, the Court of Conflicts, the Court of Audit and the Prize Coimcil. 4/ Auby I, 286, Laubadère I, 449. - 1136 - In France the personnel of the ministère public are part of the magistrature, whereas in Spain the carrera fiscal is quite separate from the car.re.ya„iu<Ucial. The nearest counterpart of this institution in common law countries, the attorney-general's department, is often the chief legal adviser to the Government as well as being responsible for supervising the public interest and for investigating and prosecuting crime. In England crime is investigated by the police and prosecuted by the Crown Prosecution Service, headed by the Director of Public Prosecutions, who is responsible to the Attorney-General. 
**Analysis**
The text appears to be discussing the structure and functions of the justice system in France and Spain, as well as comparisons with England. It mentions specific roles and institutions, such as the ministère public, fiscalía, and attorney-general's department, and their responsibilities in investigating and prosecuting crime, as well as safeguarding the public interest.

**Category**
Justice, Law Enforcement