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

Article 15: Chief Special Prosecutor

1The Chief Special Prosecutor is elected as provided by Article 148/dh, paragraph 3, of the Constitution.

2The Chief Special Prosecutor has the following conditions, duties and authority:

aHe or she shall be the administrative supervisor of the staff of the Special Prosecution Office. He or she shall not be an operational supervisor of the staff in relation to investigations and cases handled by them.

bHe or she assigns cases to the special prosecutors according their specializations;

cHe or she coordinates the activity of the units under his authority with other law enforcement agencies, intelligence service, and other competent authorities.

çHe or she shall submit a draft-budget for the Special Prosecution Office, National Bureau of Investigation to the Ministry of Finance.

dBy March 1, he or she shall provide a written annual report on the activity of the Special Prosecution Office to the High Prosecutorial Council.

dhHe or she shall call a meeting of the Special Prosecution Office when needed.

eHe or she shall also promulgate written general guidance on administrative procedures and regulations necessary for the effective functioning of the Special Prosecution Office.

ëAfter consultation with the Director of the National Bureau of Investigation and the meeting of the special prosecutors, he or she shall issue written general guidance to the National Bureau of Investigation which improves the working relationship, efficiency or safeguards between the two structures.

fHe or she shall approve regulations issued by the Director of the National Bureau of Investigation.

gIn his or her absence, he or she may appoint another special prosecutor to act as Acting Chief Special Prosecutor. If that absence lasts more than 45 days, or is consistently repeated, the High Prosecutorial Council may confirm the special prosecutor as Acting Chief Special Prosecutor for a specified period of time, and shall consider whether the Chief Special Prosecutor's absence is justified or constitutes serious misconduct.

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