The substantive criminal law describes the conditions of criminality (offense) and their legal consequences. Legally, it is regulated in the Criminal Code (StGB) and in numerous nebenstrafrechtlichen, specialized rules (for example, in foreign law or in the Medicines Act).

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The prosecutor (fiscal agent, public prosecutor, prosecuting attorney or tax attorney) is a public officer (magistrate in some countries), a member of the Public Ministry, which has materially the conduct of criminal investigation and the exercise of public prosecutions; that is, who is responsible directly and specifically perform the functions and powers thereof, in the cases it hears.

Because prosecutors often consists of a large number of agents and prosecutors, most of the laws establishing the basic principle of unity of action, which seeks to avoid duplication or interference by them in their tasks and functions. In turn, the allocation area (in counties, districts or communes) is established in law, but usually under a scheme of flexibility and adaptation to the changing needs of criminal prosecution, which involved the highest authorities of the ministry.

The distribution of cases among the various tax, generally, can be performed by the supervisor on the basis of certain objective criteria established by law, such as workload, expertise and experience. Although in principle governing a shift rule, under which they must take up all cases that occur in that period of time, within the territorial limits assigned to their closure or conclusion.