Judiciary Organisation Act

Chapter 3 The Procurator General at the Supreme Court

Article 111 Procurator general at the Supreme Court
- 1. There is an office at the Supreme Court which is headed by the procurator general at the Supreme Court.
- 2. The procurator general at the Supreme Court is responsible for:
a) prosecuting serious and minor public office offences committed by members of the States General, ministers and state secretaries;
b) delivering opinions to be submitted to the Supreme Court in the cases determined by statute;
c) instituting appeals in cassation in the interests of the uniform application of the law;
d) applying for decisions to be taken by the Supreme Court as referred to in chapter 6A of the Judicial Officers (Legal Status) Act.
- 3. In cases in which the Supreme Court gives judgment on the merits of a case, the procurator general at the Supreme Court must assume the duties and powers of the public prosecution service referred to in Article 125.
- 4. The procurator general at the Supreme Court may also be charged with other duties by statute.
- 5. The powers of the procurator general may also be exercised by the deputy procurator general and by advocates general, unless this would be incompatible with the nature of the powers.

Article 112 [repealed on 1-1-2002]

Article 113 Procurator general’s office (procurator general and advocates general)
- 1. The procurator general’s office at the Supreme Court consists of a procurator general, a deputy procurator general, a maximum of twenty-two advocates general and a maximum of eleven advocates general extraordinary.
- 2. The advocates general extraordinary deliver opinions, in the capacity of advocate general, when called upon to do so by the procurator general. In cases in which the Supreme Court gives judgment on the merits of a case, they assume the duties and powers of the public prosecution service referred to in Article 125.
- 3. For the purposes of paragraph 1 a procurator general, deputy procurator general or advocate general at the Supreme Court who has been granted special unpaid leave must be disregarded for the term of that leave and for a maximum of one year thereafter.
- 4. For the purposes of paragraph 1, judicial officers who have been appointed on a part-time basis are counted on the basis of the fraction represented by their working hours.

Article 114 [repealed on 1-1-2002]

Article 115 [repealed on 1-1-2002]

Article 116 Management of the procurator general’s office
The procurator general manages the procurator general’s office at the Supreme Court.

Article 117 Replacement in the absence of the procurator general
If the procurator general is absent or unable to act or the position is vacant, he must be replaced by the deputy procurator general or, if he too is absent or unable to act or the position is vacant, by the most senior-ranking advocate general.

Article 118 Replacement of the procurator general by a deputy procurator general or an advocate general
Our Minister of Justice may require the deputy procurator general or an advocate general to deputise for the holder of the office of procurator general.

Article 119 Designation of judges of a District Court or Court of Appeal as advocate general
- 1. Our Minister of Justice may, on the recommendation of the procurator general, designate a member of a district court or a court of appeal or a member of the public prosecution service as deputy advocate general at the Supreme Court. The designation must be for a term to be specified therein. Articles 46c, paragraph 1, 46d, paragraph 1 (d) and 46e of the Judicial Officers (Legal Status) Act are applicable mutatis mutandis to the deputy advocate general.
- 2. A member of a district court or court of appeal may be designated as deputy advocate general only with his consent.
- 3. Deputy advocates general deliver opinions, when acting as advocate general, when called upon to do so by the procurator general. In cases in which the Supreme Court gives judgment on the merits of a case, they assume the duties and powers of the public prosecution service referred to in Article 125.
- 4. Article 12 of the Judicial Officers (Legal Status) Act does not apply to the deputy advocates general.
- 5. The president of the Supreme Court may, on the recommendation of the procurator general, designate as acting advocate general at the Supreme Court a justice – or a justice extraordinary – of the Supreme Court who has agreed to this. An acting advocate general delivers opinions, in the capacity of advocate general, when called upon to do so by the procurator general. In such a case, when the Supreme Court gives judgment on the merits of a case, he assumes the duties and powers of the public prosecution service referred to in Article 125.

Article 120 Application of other Articles
- 1. Articles 12, 13 and 74 apply mutatis mutandis to the judicial officers referred to in Article 111.
- 2. Article 83 applies mutatis mutandis to the procurator general at the Supreme Court as regards the performance of the duties referred to in Article 111, paragraph 2.

Article 121 Duty of the procurator general
The procurator general at the Supreme Court is responsible for monitoring in particular the enforcement and implementation of statutory provisions at the Supreme Court, the courts of appeal and the district courts.

Article 122 Duty of the procurator general to warn the Minister of Justice
- 1. If the procurator general at the Supreme Court considers that the public prosecution service is not properly enforcing or implementing the statutory provisions in performing its duties, he may notify Our Minister of Justice.
- 2. The procurator general must, at his request, be provided by the Board of Procurators General with the information he considers necessary and with the relevant documents.

Article 123 Provision of assistance to the Supreme Court by the Board of Procurators General
The Board of Procurators General must provide the procurator general at the Supreme Court with whatever assistance he requires from the public prosecution service in order to perform the duties with which he is charged.