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The Spanish Public Prosecution Service

The Spanish Public Prosecution Service. INDEX. Functions . 1.1. Objetive functions : defence of legality 1.1.1. Constitutional legality 1.1.2. Ordinary legality . 1.2. Subjective functions 2. Organizational Principles : 2.1. Unity of Acts .

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The Spanish Public Prosecution Service

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  1. TheSpanishPublicProsecutionService

  2. INDEX • Functions. 1.1. Objetive functions: defence of legality 1.1.1. Constitutionallegality 1.1.2. Ordinarylegality. 1.2. Subjectivefunctions 2. OrganizationalPrinciples: 2.1. Unity of Acts. 2.2. Hierarchicaldependence 3. Prosecutorial function Principles: 3.1. Legality 3.2. Impartiality

  3. 1.1. Objectivefunction: defence of legality PublicProsecutorwillact in accordancewithConstitution, law and otherregulation in force. • Puttingappropiateactionsintopractice • Objectingthoseincorrectlyputintopractice Totheextent and in themannerstipulatedbylaw.

  4. Objectivefunction: defence of legality Function of publicprosecutorisboundbylegalityprinciple: • He must control application of thatprinciple. • Wachtovertheaccomplishment and defence of legality. • Protectioncitizen’srights and publicinterest • Safeguardindependence of courts and satisfaction of social interest in thecourts.

  5. 1.1.1. Constitutional legality Safeguard the due respect to constitutional institutions, fundamental rights and freedoms. Is a party in judicial process before TC “recurso de amparo” and judicial process in relation to defence of legality

  6. Constitutionallegality. Specificduties To see that jurisdictional function is carried out effictively, in acordance with the laws and in the periods and term set out in the laws. Where applicable, take appropriate actions, remedies and steps.

  7. Constitutionallegality. Specificduties • To carry out all the functions attributed to him by law in defence of the independence of judges and courts. • To enforce respect of constitutional institutions and fundamental rights and freedoms by whatever means required to defend them.

  8. 1.1.2. Ordinary legality Among Public Prosecutor duties: *To defend and protect public interest. *To put into practice criminal and civil actions arising from crimes and misdemeanours, or object those put into pactice by others *To intervene in criminal process urging judge to implement appropriate cautionary measures *Take necessary steps to clear up the facts.

  9. 1.1.2. Ordinary legality • Any other conditions provided by law in defence of legality and public or social interest. • Prosecute all criminal offences bringing charges against the accused • Apply for cautionary measures such as an order to remand in prison awaiting trial.

  10. 1.2. Subjective functions As defender of public interest: *Is in charge of the investigation of crime in which a juvenil is involved. *Intervene in civil process where rigths of minors, disable or handicapped people are afected. *Apply for habeas corpus.

  11. 1.2. Subjective functions • Toreceivedaccusations, forwardingthemtothejudgeorrequestingthejudgeto file theaccusation. • In the so called “abbreviatedproceedings” can ordertheproceduresto be finishwhenthefactsdoesnotconstitute a crime. • Control thenotification of any judicial decision and informationaboutthestate of proceedings and requesttoseetheproceedingswhatevertheirstate.

  12. 1.2. Subjective functions • To carry out the functions entrusted to them by law, articles 4 and 5 (EOMF) give them a series of powers such as: • The ability to obtain information in relation to all judicial procedures. • To issue appropiate orders and instructions to police such as the detention of a suspect

  13. 2. Organizational principles • 1. Unity of Acts • 2. Hierarchical dependence.

  14. 2. Organizational principles. Unity of Acts • There is only one Prosecution Service for the whole of Spain (but more than 1.700 P.P.) • Prosecution Service falls under the Ministry of Justice and it is run by General Attorney. • The Chief Prosecutor of each department acts in representation of G.A. and the other members by delegation of their respective chief.

  15. 2. Organizational principles. Unity of Acts and hierarchical dependence • Prosecution Service has a hierarchical organization (A.G. at the top) • A.G. may give orders and instructions to his subordinates (Chief prosecutors). • Chief Prosecutors may give orders and instructions to his subordinates.. • Art. 2 EOMF: Principle of unity of acts and hierarchical dependence

  16. Organizational principles. Unity of Acts and hierarchical dependence A.G. is appointed by the King on Goverment’s proposal, on advice of the CGPJ. From among attorneys of recognised prestige with over 25 years of profesional practice. A.G. can propose promotion any public prosecutor and propose Government separation of any public prosecutor. Appointment as Court Sections Prosecutors and Chief prosecutors 5 years

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