Judiciary
Organisation Act
Chapter 4 The Public Prosecution Service
Article 124 Task and duties of the Public Prosecution Service
The public prosecution service is responsible for enforcing the legal
order through the criminal law and for other statutory duties.
Article 125 Performance of the duties and powers of the Public Prosecution
Service
The duties and powers of the public prosecution service must be performed
and exercised in the manner provided by or pursuant to statute by:
a) the Board of Procurators General;
b) the public prosecutors, deputy public prosecutors,
public prosecutors for single-judge cases and deputy public prosecutors
for single-judge cases;
c) the advocates general and deputy advocates
general.
Article 126 Assignment of powers to other officials of the Public Prosecution
Service
- 1. The exercise of one or more powers of
a public prosecutor, a public prosecutor for singlejudge cases or an advocate
general may be assigned to another official working at the public prosecutor’s
office if the head of the public prosecutor’s office has agreed
to this.
- 2. The assigned power must be exercised
in the name and under the responsibility of the public prosecutor, the
public prosecutor for single-judge cases or the advocate general, as the
case may be.
- 3. The exercise of a power as referred to
in paragraph 1 may not be assigned to another official working at the
public prosecutor’s office if this would be incompatible with the
provision on which the power is based or with the nature of the power.
This is in any event deemed to be the case in respect of the appearance
at the hearing in criminal cases and application of the coercive measures
referred to in Title IV of Book 1 of the Code of Criminal Procedure.
- 4. Rules for the application of this Article
are to be laid down by order in council.
Article 127 Right of the Minister of Justice to give instructions
Our Minister of Justice may issue general and specific directions concerning
the performance of the duties and the exercise of the powers of the public
prosecution service.
Article 128 Consultation over to be given instructions
- 1. Our Minister of Justice must give the
Board of Procurators General the opportunity to make known its views before
he issues a direction concerning the investigation or prosecution of criminal
offences in a specific case.
- 2. Our Minister must give the Board written
notice of the proposed direction and the reasons for it. Our Minister
may set the Board a time limit for making known its views. The views of
the Board must be given in writing and with reasons.
- 3. A direction as referred to in paragraph
1 must be given in writing and with reasons.
- 4. A direction may be given orally only
if it cannot be given in writing because time is of the essence. In that
case it must subsequently be recorded in writing as quickly as possible
and in any event within one week. The above applies mutatis mutandis to
the notification of a proposed direction by Our Minister and to the notification
by the Board of its views.
- 5. The direction referred to in paragraph
1, together with the proposed direction and the views of the Board, must
be added to the documents in the case. They need not be added to the documents
in the case if this would, in the opinion of Our Minister, be incompatible
with the interests of the State, provided that in that case a declaration
showing that a direction has been given is added to the documents in the
case.
- 6. If Our Minister issues a direction not
to investigate or prosecute a case or to discontinue an investigation
or prosecution, he must give notice of the direction, the proposed direction
and the views of the Board to both Houses of the States General as quickly
as possible, in so far as the provision of the relevant documents is not
incompatible with the interests of the State.
Article 129 Duty of the Board of Procurators General to inform the Minister
of Justice
- 1. The Board must provide Our Minister with
the information he needs.
- 2. The members of the public prosecution
service must provide the Board with the information needed by the Board.
Article 130 Board of Procurators General
- 1. There is a Board of Procurators General.
- 2. The Board heads the public prosecution
service.
- 3. The Board consists of such number of
procurators general, not being less than three or more than five, as may
be determined by order in council. One of the procurators general is appointed
by Royal Decree as chairperson of the Board for a term of not more than
three years. He may be reappointed once. For the work he performs as chairperson
he receives an allowance, in accordance with rules to be prescribed by
order in council, as a supplement to his salary as procurator general.
- 4. The Board may issue general and specific
directions concerning the performance of the duties and the exercise of
the powers of the public prosecution service.
Article 131 Decision-making by the Board of Procurators General
- 1. The Board of Procurators General may
make decisions only if at least three members are present.
- 2. The Board takes decisions by a majority
of votes.
- 3. In the event of a tied vote, the chairperson
has the casting vote.
- 4. The Board must draw up rules on its procedure
and decision-making in the form of regulations. The regulations and amendments
to them require the approval of Our Minister of Justice. After approval,
the regulations or an amendment to them must be published in the Government
Gazette.
- 5. The regulations must in any event stipulate
in what cases the chairperson should submit a proposed decision to Our
Minister of Justice; these include in any event the decisions referred
to in article 140a of the Code of Criminal Procedure.
Article 132 Division of duties among the procurators general
- 1. The Board of Procurators General must
divide the duties among the procurators general.
- 2. Our Minister of Justice may allocate
certain duties to the chairperson of the Board.
Article 133 Delegation of power by the Board of Procurators General
- 1. The Board of Procurators General may
authorise a procurator general to exercise one or more of its powers,
unless this would be incompatible with the provision on which the power
is based or with the nature of the power.
- 2. The exercise of a power by a procurator
general in accordance with paragraph 1 occurs in the name and under the
responsibility of the Board.
- 3. The Board may issue general and specific
directions concerning the exercise of the power.
Article 134 Offices of the Public Prosecution Service
- 1. The public prosecution service consists
of:
a) the national office;
b) the public prosecutor’s offices at
the district courts;
c) the national public prosecutor’s office;
d) the national public prosecutor's office
for financial, economic and environmental offences;
e) the offices of the public prosecution service
at the courts of appeal.
- 2. The public prosecutor’s offices
at the district courts and the offices of the public prosecution service
at the courts of appeal are established in the principal seats of the
district courts and courts of appeal.
Article 135 Positions at the notional office of the Public Prosecution
Services
- 1. The following persons work at the national
office of the public prosecution service:
a) the procurators general who constitute the
Board;
b) other officials.
- 2. Officials in all the ranks referred to
in Articles 136 to 138 may be employed at the national office of the public
prosecution service.
- 3. The national office of the public prosecution
service is headed by the Board.
- 4. The procurators general are, by law,
deputy advocates general at the offices of the public prosecution service
at the courts of appeal, deputy public prosecutors at the public prosecutor’s
offices at the district courts, deputy public prosecutors at the national
public prosecutor’s office and deputy public prosecutors at the
national public prosecutor’s office for financial, economic and
environmental offences.
Article 136 Positions at a public prosecutor’s office at a district
court
- 1. A public prosecutor’s office at
a district court is staffed by:
a) public prosecutors;
b) deputy public prosecutors;
c) public prosecutors for single-judge cases;
d) deputy public prosecutors for single-judge
cases;
e) other officials.
- 2. Trainee judicial officers may work at
a public prosecutor’s office at a district court.
- 3. A public prosecutor’s office at
a district court is headed by a public prosecutor with the rank of chief
public prosecutor and the title of head of office. He may issue general
and specific directions concerning the performance of the duties and the
exercise of the powers of the public prosecutor’s office.
- 4. At a public prosecutor’s office
at a district court, there is also a public prosecutor who holds either
the rank of acting chief public prosecutor if two police regions are situated
in the district or, where this is not the case, the rank of deputy chief
public prosecutor. If the head of the public prosecutor’s office
at a district court is absent or unable to act or the position is vacant,
the acting chief public prosecutor or the deputy chief public prosecutor,
as the case may be, must deputise for him.
- 5. The other public prosecutors are appointed
to the rank of public prosecutor first class, public prosecutor or junior
deputy public prosecutor.
- 6. The public prosecutors and public prosecutors
for single-judge cases at a public prosecutor’s office at a district
court are, by law, deputy public prosecutors or deputy public prosecutors
for single-judge cases, as the case may be, at the other district courts,
at the national public prosecutor’s office and at the national public
prosecutor’s office for financial, economic and environmental offences.
- 7. The Board of Procurators General may
appoint a public prosecutor at a public prosecutor’s office at a
district court to be deputy advocate general.
- 8. The public prosecutors and deputy public
prosecutors for single-judge cases have the powers and obligations conferred
on public prosecutors by or pursuant to statute, with the exception of
the power to appear at a hearing before a full-bench chamber of the district
court.
Article 137 Positions at the national public prosecutor’s office
- 1. The national public prosecutor’s
office is staffed by:
a) public prosecutors;
b) deputy public prosecutors;
c) public prosecutors for single-judge cases;
d) deputy public prosecutors for single-judge
cases;
e) other officials.
- 2. The national public prosecutor’s
office is headed by a public prosecutor with the rank of chief public
prosecutor and the title of head of the national public prosecutor’s
office. He may issue general and specific directions concerning the performance
of the duties and the exercise of the powers of the national public prosecutor’s
office.
- 3. At the national public prosecutor's office,
there is also a public prosecutor with the rank of deputy chief public
prosecutor. If the head of the national public prosecutor’s office
is absent or unable to act or the position is vacant, the deputy chief
public prosecutor must deputise for him.
- 4. The other public prosecutors are appointed
to the rank of public prosecutor first class, public prosecutor or junior
deputy public prosecutor.
- 5. The public prosecutors and public prosecutors
for single-judge cases at the national public prosecutor’s office
are, by law, deputy public prosecutors or deputy public prosecutors for
single-judge cases, as the case may be, at the public prosecutor’s
offices at the district courts and deputy public prosecutors at the national
public prosecutor’s office for financial, economic and environmental
offences.
- 6. The Board of Procurators General may
appoint a public prosecutor at the national public prosecutor’s
office to be deputy advocate general.
- 7. The public prosecutors and deputy public
prosecutors for single-judge cases have the powers and obligations conferred
on public prosecutors by or pursuant to statute, with the exception of
the power to appear at a hearing before a full-bench chamber of the district
court.
Article 137a Positions at the national public prosecutor’s
office for financial, economic and environmental offences
- 1. The national public prosecutor’s
office for financial, economic and environmental offences is staffed by:
a) public prosecutors;
b) deputy public prosecutors;
c) public prosecutors for single-judge cases;
d) deputy public prosecutors for single-judge
cases;
e) other officials.
- 2. The national public prosecutor’s
office for financial, economic and environmental offences is headed by
a public prosecutor with the rank of chief public prosecutor and the title
of head of the national office for financial economic and environmental
offences. He may issue general and special directions concerning the performance
of the duties and the exercise of the powers of the national public prosecutor’s
office for financial, economic and environmental offences.
- 3. At the national public prosecutor’s
office for financial, economic and environmental offences, there is also
a public prosecutor with the rank of deputy chief public prosecutor. If
the head of the national public prosecutor’s office for financial,
economic and environmental offences is absent or unable to act or the
position is vacant, the deputy chief public prosecutor must deputise for
him.
- 4. The other public prosecutors are appointed
to the rank of public prosecutor first class, public prosecutor or junior
public prosecutor.
- 5. The public prosecutors and public prosecutors
for single-judge cases at the national public prosecutor’s office
for financial, economic and environmental offences are, by law, deputy
public prosecutors or deputy public prosecutors for single-judge cases,
as the case may be, at the public prosecutor’s offices at the district
courts and deputy public prosecutors at the national public prosecutor’s
office.
- 6. The Board of Procurators General may
appoint a public prosecutor at the national public prosecutor’s
office for financial, economic and environmental offences to be deputy
advocate general.
- 7. The public prosecutors and deputy public
prosecutors for single-judge cases have the powers and obligations conferred
on public prosecutors by or pursuant to statute, with the exception of
the power to appear at a hearing before a full-bench chamber of the district
court.
Article 138 Positions at an office of the public prosecution service at
a court of appeal
- 1. An office of the public prosecution service
at a court of appeal is staffed by:
a) advocates general;
b) deputy advocates general;
c) other officials.
- 2. An office of the public prosecution service
at a court of appeal is headed by an advocate general with the rank of
chief advocate general and the title of head of office. He may issue general
and specific directions concerning the performance of the duties and the
exercise of the powers of the office of the public prosecution service
at a court of appeal.
- 3. At an office of the public prosecution
service at a court of appeal, there is also an advocate general with the
rank of deputy chief advocate general. If the head of the office of the
public prosecution service at a court of appeal is absent or unable to
act or the position is vacant, the deputy chief advocate general must
deputise for him.
- 4. The other advocates general are appointed
to the rank of advocate general at the office of the public prosecution
service at a court of appeal.
- 5. The advocates general are, by law, deputy
advocates general at the other offices of the public prosecution service
at the courts of appeal.
- 6. The Board of Procurators General may
appoint an advocate general to be deputy public prosecutor.
Article 139 Subordination
- 1. The heads of the public prosecutor’s
offices are subordinate to the Board in performing their duties.
- 2. The other officials working at a public
prosecutor's office are subordinate to the head of office in performing
their duties.
- 3. The officials working at the national
office of the public prosecution service are subordinate to the Board
in performing their duties.
Article 140 [repealed on 1-1-2002]
Article 141 [repealed on 1-1-2002]
Article 142 Replacement of officials working at the Public Prosecution
Service
Our Minister of Justice may require a judicial officer as referred to
in Article 1 (b), (4°) to (6°), to deputise for the holder of
another office at the public prosecution service.
Article 143 Duty of the judicial officers to provide the Supreme Court
with information
The judicial officers referred to in Article 142 must provide information
if requested by the procurator general at the Supreme Court on the basis
of Article 122, paragraph 2.
Article 144 Applicability of Article 13 to
judicial officers
Article 13 applies mutatis mutandis to the judicial officers referred
to in Article 142.
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