ON THE ORGANIZATION AND FUNCTIONING OF INSTITUTIONS FOR COMBATING CORRUPTION AND ORGANIZED CRIME   |   95/2016

Article 12: Special Prosecutors of the Special Prosecution Office

1Special Prosecutors in the Special Prosecution Office shall be appointed by the High Prosecutorial Council according to Article 148/dh of the Constitution and the legislation in force.

2Candidates to be Special Prosecutors of the Special Prosecution Office shall comply with the security preconditions in Article 6 of this Law. A candidate may not be assigned to the Special Prosecution Office without fulfilling the security preconditions or conditions of professional ability. The High Prosecutorial Council before appointment in accordance with the Law on the Self-governing Bodies of the Justice System also administers, reviews, and assesses the documentation for each candidate forwarded by the Ad Hoc Committee for the Verification of Assets and Background of Candidates. The candidate who have received a negative evaluation by the Ad Hoc Committee for the Verification of Assets and Background of Candidates based on the law and evidence shall not be appointed as prosecutor to the Special Prosecution Office. The decision of the High Prosecutorial Council is final.

3Prosecutors shall be assigned for a 9 year mandate by the High Prosecutorial Council. The mandate may only be suspended or terminated if the High Inspector of Justice requests disciplinary proceedings against the prosecutor.

4At the end of the Special Prosecutor’s mandate, the High Prosecutorial Council shall return the prosecutor to his or her previous position or to vacancies in other offices in the prosecution system, receiving priority over other candidates.

Table of Content

    • No Comment
    • No Comment
    • No Comment
    • No Comment
    • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment