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Law On The Public Prosecutor With The

Original Language Title: Laki syyttäjälaitoksesta

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Public Prosecutor's Office

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In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Scope

This law provides for the administration and functions of a public prosecutor.

In addition, the Prosecution Service and the prosecutors are in force, which is expressly provided for.

ARTICLE 2
Organisation of the Prosecution Service

The district attorney's office is the Central Prosecutor's Office, regional prosecutors and the district attorney's office in the Åland Islands.

As the chief prosecutor and the prosecutor's superior, the Prosecutor General is the Chief Prosecutor.

The Prosecution Service is under the jurisdiction of the Ministry of Justice.

ARTICLE 3
The role of the Prosecution Service

The Prosecution Service is responsible for organising the prosecution.

§ 4
Prosecutors

Prosecutors are:

(1) the Prosecutor General and the Prosecutor General;

2) the State Prosecutor;

(3) the leading district attorney and the leading district attorney;

(4) district attorney and district attorney; and

(5) Deputy Prosecutor.

The national member of Finland Eurojust provides for a decision on the implementation of certain provisions of the Eurojust Decision (18/02/2010) .

§ 5
Special prosecutors

Special prosecutors are the Chancellor of Justice of the Council of State and of the Parliamentary Ombudsman, whose right to prosecution is governed by Article 110 of the Constitution.

ARTICLE 6
The role of the prosecution

The role of the prosecutor is to ensure that criminal liability is carried out in a fair, expediting and economic manner in the case before him, in a manner consistent with the legal protection of the parties and the public interest.

In addition, the duties of the Prosecutor shall be valid for which they are expressly provided.

§ 7
Prosecutor's competence

The prosecution is independent and independent of the prosecution.

The prosecutor is responsible for the prosecution of the prosecution throughout the country.

In the case of the district court, the prosecutor may entrust the Court of Justice of the Court of Justice with the consent of the other prosecutor in charge of the appeal, the lodging of an appeal, the hearing in the main hearing or any other action relating to the application for an appeal, with the consent of the prosecutor, if: Is appropriate in view of the quality of the case.

The Prosecutor General may order more than one prosecutor to do the same. At the same time, their mutual responsibility must also be determined. The Appointing Public Prosecutor may issue such an order to prosecutors who are subordinate to him.

Chapter 2

National Public Prosecutor's Office

§ 8
Organisation of the Prosecutor's Office

The u.s. Attorney's office is run by the u.s. Attorney. He is assisted and replaced by the Deputy Prosecutor General.

The organisation of the Prosecutor's Office is regulated in more detail by a decree of the State Council.

§ 9
Tasks of the Prosecutor's Office

The Office of the Public Prosecutor's Office shall:

(1) direct and develop a public prosecutor;

(2) responsible for the performance of the public prosecutor's office;

(3) supervise the legality and consistency of the prosecution of prosecutors;

(4) provide for the public administration, communication and training of the Prosecutor's Office; and

5) to provide for national and international cooperation within its sphere of competence.

ARTICLE 10
Responsibilities of the Prosecutor General

The Prosecutor General is responsible for:

(1) acts as a prosecutor in matters which, according to the law, are or are under the jurisdiction of the law;

(2) decide on the lodging of an application for appeal by the prosecutor to the Supreme Court and the representation of prosecutors in the Supreme Court;

(3) to promote the legal quality and consistency of the prosecution; and

(4) provide for the other tasks to be assigned to him separately.

The Prosecutor General may decide himself to decide for himself or to instruct the prosecutor under his authority to prosecute the prosecutor he or she has decided to withdraw. The Prosecutor General may also assign the case to the prosecution of the prosecutor.

The Prosecutor General may grant a designated person who fulfils the eligibility criteria of the State Prosecutor for a limited period of time as the prosecutor's powers which he or she may have in his/her duties. In exercising the powers of the prosecution, this person shall otherwise be subject to the provisions of the prosecutor.

ARTICLE 11
Deputy Prosecutor General

The Deputy Prosecutor General shall decide the matters to be dealt with under the same authority as the Prosecutor General.

The division of functions between the Prosecutor General and the Prosecutor General is laid down in the Rules of Procedure of the Office of the Prosecutor.

ARTICLE 12
State prosecutors

There are state prosecutors in the state's attorney's office.

The State Prosecutor shall act as a prosecutor in the most important criminal cases of society, as well as in cases which shall be dealt with at first instance, unless otherwise specified or prescribed.

ARTICLE 13
Qualification requirements

The eligibility requirement for the Public Prosecutor and the Deputy Prosecutor's Office is a higher degree of law in law than the master's degree in international and comparative law, as well as the diversity of experience required in practice and in practice. Proven management and management experience.

The State Prosecutor is required to have a higher degree in law in law than a master's degree in international law and comparative law.

The eligibility of other officials of the Public Prosecutor's Office may be regulated by a decree of the Government.

ARTICLE 14
Appointment

The appointment of the Prosecutor General is laid down in the Constitution. The Deputy Prosecutor's Office shall be appointed by the President of the Republic on a proposal from the Council.

The State Prosecutor is appointed by the State Public Prosecutor's Office on a proposal from the Public Prosecutor's Office.

The appointment of other officials of the Public Prosecutor's Office is regulated by a decree of the Council of State.

§ 15
Solving cases at the Prosecutor's Office

The administrative matters to be dealt with by the Prosecutor's Office shall be settled by the Prosecutor General, unless the matter has been laid down or laid down in the Rules of Procedure to be settled by another official. It is not possible for an official other than a public prosecutor or a Deputy Prosecutor to issue a case which is laid down by law to be settled by the Prosecutor General. The Prosecutor General may retain the power of decision in a matter which the other official of the Office should otherwise be able to decide.

ARTICLE 16
Rules of procedure

The organisation of work is governed by the Rules of Procedure, which are laid down by the Prosecutor General. The Agency's Rules of Procedure shall determine the internal organisation of the Agency, the staff, the performance of the duties and the duties of the officials, the distribution of the prosecution and the preparation and settlement of matters.

Chapter 3

Prosecution agencies

§ 17
Public Prosecutor's Office

The district attorney's office is organised by the public prosecutor's office. The office of the prosecutor's office shall include one or more municipalities. In addition to headquarters, the da' s office may have service offices.

The da' s office is run by a leading district attorney. He is assisted by at least one deputy chief.

More specifically, the offices of the Prosecutors' offices and the headquarters are regulated by a regulation of the State Council. The creation and abolition of the Office's offices is governed by a decree of the Ministry of Justice.

ARTICLE 18
Province of Åland Prosecutor's Office

In the province of Åland, the district attorney's office in the Åland Islands is responsible for the prosecution. The Office of the Public Prosecutor's Office is the province of the Åland Islands and its headquarters is Mariehamn.

The county prosecutor's office is headed by a leading county prosecutor. The Agency has one or more provincial prosecutors.

The Public Prosecutor's Office shall be subject to the provisions of this Act, with the exception of Article 17. The Chief Prosecutor's Office and the county prosecutor's office are subject to what is laid down in this Act for the leading district attorney and the district attorney.

The language and language skills of the Åland Prosecutor's Office are regulated by the Åland Autonomy Law (1144/1991), Chapter 6 .

§ 19
Functions of the Prosecutor's Office

The Office shall have the task of doing so in its territory:

(1) to develop prosecutions;

(2) responsible for the performance of the prosecution;

(3) supervise the legality and consistency of the prosecution of prosecutors; and

4) to ensure cooperation between the authorities.

§ 20
District Attorney and Deputy Prosecutor

The District Attorney's office has an engagement party. The Office may also have assistant prosecutors to be trained as a public prosecutor.

District prosecutors and prosecutors shall act as prosecutor in the criminal and other specific cases of the Prosecutor's Office.

ARTICLE 21
Qualification requirements

The eligibility requirement for the leading public prosecutor is a higher degree of law in law than a master's degree in international law and a master's degree in comparative law and in practice demonstrated leadership.

The eligibility requirement for the Attorney-General and the Deputy Prosecutor is another higher education qualification in law than a master's degree in international law and comparative law.

The validity of the other public prosecutor's office may be regulated by a decree of the Government.

§ 22
Appointment

The district attorney's office is appointed by the Chief Public Prosecutor and the District Attorney's office. The prosecutor's office is appointed by the prosecutor's office.

The appointment of other officials of the Public Prosecutor's Office is regulated by a decree of the Government.

ARTICLE 23
Solving cases in the da' s office

The administrative matters to be dealt with by the Prosecutor's Office shall be settled by the leading State Prosecutor, unless the matter has been laid down or laid down in the Rules of Procedure by the Deputy Head of State or another official. A leading public prosecutor may retain control over the administrative matter which the other official of the Agency should otherwise be able to resolve.

§ 24
Rules of procedure

The organisation of work in the Public Prosecutor's Office shall be governed by the rules of procedure laid down by the Prosecutor General. The Agency's Rules of Procedure shall determine the internal organisation of the Agency, the performance of the duties of officials, the distribution of immunity and the preparation and settlement of matters.

Chapter 4

Miscellareous provisions

ARTICLE 25
Right to information

The prosecution shall, notwithstanding the provisions of confidentiality, have the right of free access to the authority and to the public task of providing the information and documents necessary for the performance of the official functions of the Community, unless such information or document Or the use of information as evidence is not prohibited or restricted by law.

The prosecution shall have the right to obtain the necessary information for the purpose of carrying out the duties of a member of the Community, an auditor, a member of the Board of Directors or an undertaking, a bank or an insurance undertaking which is obliged to do so.

However, the prosecutor does not have access to the information referred to in paragraph 1 which the authority or entity entrusted with a public task has obtained on the basis of a permit for scientific research, statistics or planning and clearing For.

The prosecution shall have the right to receive information on the financial penalty and on the execution of the fines in the case of criminal prosecution.

§ 25a (12.6.2015/738)
Professional secrecy

What the police law (872/2011) Chapter 7 Articles 1 and 5 provide for the obligation of professional secrecy to be exercised by the police, and shall likewise apply to the staff of the prosecution service.

In accordance with Article 3 (1) of the Law on Police Law, the prosecutor has the right to remain silent in accordance with Article 3 (1) of the Law on Police Law. (805/2011) in Chapter 2 of Chapter 2 Shall be the subject of an investigation. The duty of expression of the prosecutor is governed by Article 5 of Chapter 7 of the Police Law on the obligation of police officers to express their views.

The obligation of the staff of the prosecution service to prove, notwithstanding the obligation of professional secrecy referred to in paragraph 1, or the right to silence within the meaning of paragraph 2, lay down: Article 12 of Chapter 17 of the Court of Justice Paragraph 3.

L to 17/2015 Amended Article 25a enters into force on 1 January 2016. The previous wording reads:

§ 25a (10/07/1998)
Professional secrecy

What the police law (892/2011) Articles 1, 4 and 5 provide for the obligation of professional secrecy to be exercised by the police, and shall likewise apply to the staff of the prosecution service.

§ 26
Accessibility

The prosecutor shall be aesthetic if:

(1) he or the person closest to him shall be a party;

(2) a particular benefit or injury is expected for him or his/her loved one;

(3) he or his or her person shall assist or represent the party concerned or the person to whom particular benefit or damage is to be expected;

(4) he is in a service relationship or in a related mandate to the party concerned or to the person to whom it can be expected to benefit or damage;

(5) he is a member of the Board of Directors or a comparable institution or administrative board, or as an executive or equivalent to an entity, a foundation or a public body governed by public law, a party to which he or she is a party; Any particular benefit or injury is expected; or

(6) other than those referred to in paragraphs 1 to 5 may give rise to reasonable doubts as to his impartiality.

"Prosecution of the prosecutor" means the administrative law (434/2003) Persons referred to in paragraphs 2 and 3.

The prosecutor should also be allowed to take action that will not tolerate delay. The prosecutor shall inform the person who is in charge of his or her aesthetic.

§ 27
Varallolo

The Prosecutor General may arrange for the prosecution of the prosecutors in an appropriate manner.

In addition to the provisions of paragraph 1, the Head of the Public Prosecutor's Office may order the prosecutor to be reserved if it is necessary to ensure the ability of the prosecutor to resolve the urgent matters covered by this decision.

ARTICLE 28
Acting as a client or assistant

The prosecutor's right to act as agent or assistant in criminal proceedings shall apply to: Article 3 (3) of the Court of Justice Provides for a civil servant and a law-law member of the General Court.

The obligation of the prosecutor to pursue the private legal claim of the lawyer is governed by the law on criminal proceedings (689/1997) in Chapter 3 of Chapter 3 .

§ 29
Error of impeachment

The Prosecutor General and the Deputy Prosecutor's Office are charged with a criminal offence in the Supreme Court. The prosecutor is either the Attorney General or the Parliamentary Ombudsman.

The State Prosecutor, the Chief Public Prosecutor, the Public Prosecutor's Office, and the Deputy Prosecutor's Office are charged with impeachment in court proceedings.

ARTICLE 30
Movement of power

The office of the Prosecutor's Office shall be decided by the Public Prosecutor's Office.

ARTICLE 31 (28.11.2012)
Consideration of claims for damages for the prosecution service

The processing of damages in the case of the prosecutor's office is governed by the Law on State Damage (978/2014) .

ARTICLE 32 (12/01/1239)
More detailed provisions

A decree of the Council of State may provide for a more precise definition of the role of the Prosecutor's Office as Head of the Public Prosecutor's Office and the head of the Public Prosecutor's Office as Head of the Public Prosecutor's Office. The decree of the Council of State may also provide for more details concerning the staff and duties of the Public Prosecutor's Office and the imposition of such duties. In addition, the Decree of the Council of State may provide for a decision on the decision-making power of the staff.

The decree of the Council of State may provide more specific provisions for the implementation of this law.

§ 33
Reference provision

Whatever else is provided for by an official prosecutor or a public prosecutor, the prosecutor is also applicable.

Chapter 5

Entry into force

§ 34
Entry into force

This Act shall enter into force on 1 January 2012.

Before the entry into force of this Act, measures may be taken to implement it.

This law will repeal:

1) Law on public prosecutors (1997/1997) ;

2) Law on the Prosecutor's Office; (195/1996) ; and

3) Law of the County Prosecutor's Office of the Province of Åland (872/1977) .

THEY 286/2010 , LaVM 34/2010, EV 311/2010

Entry into force and application of amending acts:

ON 22 JULY 2012,

This Act shall enter into force on 1 January 2014.

THEY 224/2010 , HVM 42/2010, EV 371/2010

9.12.2011/1239:

This Act shall enter into force on 1 January 2012.

THEY 92/2011 , LaVM 7/2011, EV 54/2011

28.11.201479:

This Act shall enter into force on 1 January 2015.

Before the entry into force of this Act, the claim for damages submitted to the public prosecutor's office shall be governed by the provisions in force upon entry into force of this Act.

THEY 159/2014 , VaVM 17/2014, EV 145/2014

12.6.2015/738:

This Act shall enter into force on 1 January 2016.

THEY 46/2014 , LaVM 19/2014, EV 274/2014