Law Of The Public Prosecutor's Office, 12-12-96

Original Language Title: Llei del Ministeri Fiscal, de 12-12-96

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Law of the public prosecutor's Office since the General Council in its session of December 12, 1996 has approved the following: law on the public prosecutor's reason among the State institutions established by the Constitution, exists a which has very particular characteristics to the relationship with the three powers, legislative, Executive and judicial. It is the public prosecutor's Office.

The public prosecutor's Office, by its very nature, is very close to the judiciary. Instituted to represent the society before the courts there are working in close collaboration. Its members are appointed by the Superior Council of Justice; However, it is alien to the judicial power as it does not have the right to judge.

At the same time, the public prosecutor's Office is linked to the exercise of the Executive power. The Attorney General can receive general instructions from the Government to exercise the public action, as it belongs to the Government the role of orientation of the criminal policy of the State.

The appointment of members of the public prosecution service is carried out on the basis of the proposal of the Government and are subject to the parental authority of the Attorney General.

It is also advisable not to exclude completely the relationship between the public prosecutor's Office and the legislative power, avoiding but set up any link of subordination.

In adopting the law of Justice, the legislature wanted to, while maintaining the link to the Government, a wide functional autonomy to the public prosecutor.

This explains that the law in its article 91 Tax give independence of the hierarchy of the jurisdictions.

In short, the public prosecutor's Office is an organ of the State which shall act through its own organs and functional autonomy subject to the principle of legality, in accordance with article 88 of the law of Justice.

Thus, this law helps to fix the set of missions assigned to the public prosecutor, his relations with the three powers, as well as the internal organization of the public prosecutor and the liability of its members.

I. functions of the public prosecutor's Office to comply with Article 1 of the General missions that are attributed by the article 93.1 of the Constitution, the public prosecutor's Office: 1. Ensure the jurisdictional function is carried out effectively in accordance with the laws and the delivery periods and deadlines that point out, exercising at the appropriate actions, resources and relevant actions;

2. Oversees respect of constitutional institutions and the fundamental rights and public liberties, with performances that claim their defence;

3. Carries out the actions that the law confers in defence of the independence of Magistrates and the courts.

Article 2 The Prosecution, led by Attorney General of the State, acting in accordance with the principles of legality, unity and internal hierarchy.

Article 3 On the scope of the mission that it is entrusted, the public prosecutor's Office: 1. Exercise the criminal action, on its own initiative or at the request of any institution or public or private legal entities and individuals, without prejudice to the powers of the magistrates to act ex officio.

2. Exercise the civil action, together with the criminal law, provided that the injured party does not make reservation, desist or expressly waives its civil complaint.

3. Directs the action of the police for the clarification of facts that could constitute criminal infringement, can order investigations for the obtaining of evidence and can control the timing and duration of the governing detention. To this end, address the instructions to the director of the police which appoints officials to run them and for your compliment. These functions are constant, in each case, at the time a mayor has instructor commenced proceedings before or summary.

4. Get on a daily basis, of the Directorate of the Police Service and the management of the prison, the report of actions and incidents and the ups and downs of the people arrested and interned.

5. Intervenes directly in the criminal process, ask and participate as long as they consider it appropriate, in the practice of all the evidence, proceedings and precautionary measures, for the clarification of the facts delictuosos and their responsible and makes the grade in the form provided for in the criminal procedure.

6. Attends and participates in oral trials of all criminal courts and formulated the conclusions relevant estimates.

7. Report all procedural incidents of criminal jurisdiction.

8. Receive notification of resolutions issued by the bodies of the criminal jurisdiction and, if necessary, appropriate resources stands in defense of the legality and of the general interest.

9. Oversees the effective implementation of all the resolutions firm dictated by the bodies of the criminal jurisdiction and, to this end, any request to the competent court.

10. Takes part in all civil proceedings in which interested absent, minors, incapable or helpless and, as part, exercise the right to appeal. In your case, in your interest, promotes the formation of the organ of guardianship.

11. Takes part, in accordance with the provisions of the appropriate laws on the procedure of habeas corpus and the urgent preferential procedure and protection of the rights and freedoms recognized in chapters III and IV of the Constitution, as well as on resources or judgments of constitutional, and in the procedures of inconstitucio-finance against laws and legislative decrees and, when necessary , in the incidental proceedings of unconstitutionality.

12. Intervenes, in defence of the general interest, in accordance with the law of the civil registry, in all procedures relating to the civil status of persons.

13. Takes part in the disciplinary procedures taken against magistrates and magistrates.

14. Pound for the resolution of the files of the lawyers of the Andorran Bar Association, in the terms provided for in the code of criminal procedure.

Also on the list of people allowed to exercise of attorneys.

15. Exercises all other functions that are attributed by law.

Article 4 for the exercise of the functions that you have assigned to it, the public prosecutor can: 1. Request the views of any judicial action in the criminal field, as well as to request information on the status of ongoing procedures. You can also ask for the practice of the proceedings that it considers suitable for the Atenco made punishable and the discovery of those responsible.

2. Receive complaints, which, after making the required checks and order-if necessary-a preliminary survey, submit to the judicial authority if you love having the basis to exercise the action. In all

case, notify its decision to the individual complainant.

3. Without prejudice to the mandatory frequency, to visit prisons at any time, examine the personal situation and the transcript of the inmates and get the information that it deems useful in relation to the people imprisoned.

4. Ask for the cooperation of the authorities and official agencies, their officers and agents, that will have to be given, within the legal limits, without excuse or delay.

Chapter II. Principle of legality and public prosecutor's relations with the Government and the General Council Article 5 1. The performance of the public prosecutor's Office are subject to the Constitution and the laws.

2. The public prosecutor's Office indicated by reports and exercise the relevant actions or, in your case, is opposed to the made improperly, in accordance with the legislation in force.

Article 6 1. The Government may address recommendations of a general nature to the public prosecutor so that exerciti the criminal action and defend the public interest. These recommendations are always written.

2. Any recommendations which may be received by the public prosecutor's Office, its members must act, in any case, in accordance with the principle of legality and retain the freedom to make the observations that they believe appropriate on the facts, as well as on their rating, even contrary to the recommendations of the Government.

Article 7 1. Communications between the Government and the public prosecutor's Office the Attorney General, by the conduit of the head of Government.

2. The Attorney-General to inform the Government, when you request and there is no legal impediment, in relation to any of the matters in which intervene the Prosecution as well as on the general functioning of the administration of Justice.

Article 8 The Attorney General submits to the Government a copy of the annual report, written and presented with the opening of the judicial year, according to article 41 of the law of Justice.

Article 9 the public prosecutor works with the General Council, at the request of the Assembly, and provided that there is no legal obstacle, in accordance with the provisions of article 48 of the rules of procedure of the General Council.

The General Council communicates with the public prosecutor's Office through the Syndic General.

Chapter III. Organization of the public prosecutor's Office Article 10 1. The public prosecutor is constituted by the Attorney General of the State and public prosecutors, deputies who are appointed for a renewable mandate of six years, by the High Council of Justice, at the proposal of the Government, among people who meet the conditions set out in article 31 of the law of justice by means of the corresponding contest-public opposition.

2. Are dismissed by disqualification imposed by a criminal ruling firm and also in implementation of resolution arising from disciplinary responsibility.

3. In taking up the post, members of the public prosecutor's Office provide an oath or promise to the same way they do the batlles and magistrates.

Article 11 The Attorney General is responsible for the Organization and direction of the Public Prosecutor General and secured representation in front of all the institutions.

Article 12 1. The Government establishes by Decree, advisory report of the Attorney General, the number of attached tax needed for the proper functioning of the public prosecutor.

2. The Government regulates too, having listened to the Attorney General, the number, grade and remuneration of staff in the service of the public prosecutor.

Article 13 the public prosecutor is represented in every stage of the proceedings, in the scope of the functions that are assigned to it by any of its members.

Article 14 1. Prosecutors acting on behalf of the institution and always attached to delegation of the Attorney General. Are subject to his authority with regard to the Organization of its work and the content of their appraisals, qualifications and legal conclusions.

2. In the event of a discrepancy between the members of the public prosecutor, the Attorney General confirmed his instructions in writing. However, prosecutors free deputies to make their oral observations, in the Act of judgment, in relation to those qualifications and conclusions.

Article 15 without prejudice to the independence of the hierarchy of the jurisdictions and their functional autonomy, for the purposes of the appointment, remuneration, promotions, insurance and all other benefits, members of the public prosecution service are understood to be included in the judicial career and are applying the same provisions.

Article 16 the Secretaries of the public prosecutor's Office are appointed by the High Council of Justice, under the conditions and requirements set forth in article 34 of the law of Justice.

Article 17 disciplinary function on the Secretaries, assistants and agents of the administration of the public prosecutor for the Attorney General, in accordance with the General rules of application to the Group of officials and agents in the service of the administration.

Article 18 with regard to working conditions in general, the staff of the public prosecutor is equated to that of the administration of Justice.

Article 19 the budget of the Prosecutor General is made, at the request of the Attorney General, by the High Council of Justice and is included in a chapter of the global budget of the administration of Justice, as in article 36 of the law of Justice.

Chapter IV. Incompatibilities and abstentions Article 20 the incompatibilities and recusacions relating to the position of tax are the contemplated in the law of Justice.

Article 21 the members of the public prosecutor should refrain from intervening in an affair when they are affected by any of the reasons for abstention which are established by the batlles and magistrates in accordance with article 73 of the law of Justice.

Article 22 the decision of abstention is personally appreciated by members of the public prosecutor's Office. The parties involved in an affair may be of interest, so motivated, the abstention of a Prosecutor. If it is an Assistant Prosecutor, the issue is resolved by the Attorney General. If it is the Attorney General, is resolved by the Superior Council of Justice.

Against the decision there is no place in any kind of resource.

Chapter v. Article 23 civil and criminal responsibilities Responsibilities of members of the public prosecutor will debug, previous complaint of the Government, of the person injured or offended or of the public prosecutor, in accordance with the provisions of articles 76 to 78 of the law of Justice.

Article 24 the members of the public prosecutor's Office are subject to disciplinary liability in committing, in the exercise of their offices, some of the fines provided for in the present law.

Article 25

1. Offences committed by members of the public prosecutor's Office will qualify in serious and very serious.

2. serious offences prescribed in six months and the very serious in a year, all to be counted from the date of the Commission.

The prescription is interrupted at the start of the procedure.

Article 26 Are very serious offences: 1. The infringement to the incompatibilities laid down in the present law.

2. The actions or omissions that involve civil responsibility, according to the provisions of article 76 of the law of Justice.

3. The inexcusable ignorance of laws and procedures.

4. The abandonment or the unjustified delay and reiterated in the tasks and the responsibilities of the tax function.

5. The recidivism in the Commission of serious offences.

Article 27 Are serious offences: 1. The infringement to the prohibitions and obligations established in the present law.

2. The non-attendance unjustified and settled in views, judgements or practices of tests that have been set.

3. Failure to comply with the orders or observations received from the Attorney General.

Article 28 the sanctions that can be imposed on members of the public prosecutor's Office for offences committed in the exercise of their functions, as well as the conditions of their prescription and cancellation, are the same as envisaged by the batlles and magistrates under the terms of article 85 of the law of Justice. Together, they are to apply the subsequent articles 86 and 87 of the same law.

Article 29 1. Disciplinary responsibility requires the Superior Council of Justice through the instruction of disciplinary proceedings commenced on the initiative of the Superior Council, at the request of the injured person, a citizen who has knowledge of the facts, of the Attorney General, the President of the Court or of the Government.

2. The public prosecutor's Office is not part of the procedure.

Article 30 1. In the same event in which the Superior Council of Justice agreed the opening of a disciplinary procedure shall appoint, from among its members, an instructor.

2. In a procedure that up to its resolution not to extend more than three months, the instructor practised all the evidence to clarify the facts and determine the responsibilities; formula, if applicable, the specification of charges and transmits all the actions to the person concerned and the magistrate that-such effect-appoints the President of the High Court of Justice. The latter delivered a note with appreciation about the facts and the charges.

3. The expedientat has a period of eight days to answer the charges and come up with all the evidence it deems appropriate in defense of their rights. You can appoint a lawyer from the moment in which is aware of the opening of the file.

4. The instructor decides on the relevance of the tests proposed by the interested party and agrees to their practice.

5. Set the evidence admitted, the instructor elevates the performances at the High Council of Justice. This, upon hearing of the person concerned and his Defender, if you have made an appointment, view the note made by the judge of the Superior Court of Justice and in a procedure of the oral arguments, gives final resolution by a majority of its members.

First final provision abolishes all the previous provisions of equal or lower rank that are contrary to the provisions of the present law.

Second final provision this law shall enter into force on the day of its publication in the official bulletin of the Principality of Andorra.

Casa de la Vall, 12 December 1996 Josep Dallerès Codina, General Syndic Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

Jacques Chirac Joan Marti Alanis, President of the French Republic the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra