Lindoma Yards, falsified cutting records
- Source
- Audit Office, transmitted on audit
- Matter
- Falsification of a physical account, Article 100(5)
Under investigation
The prosecution service
The service investigates offences, brings prosecutions, and represents the public interest in the cases organic law names. It acts upon the principle of legality, and every decision states its reasons.
Article 224(1): the prosecution service investigates offences, brings prosecutions, and represents the public interest in the cases organic law names.
Article 225(1): the Assembly, an executive committee, the Coordinating Bureau, a planning body, a council of a territory, a party and any person may in no case instruct the service in an individual case.
Article 226(1): the service acts upon the principle of legality, and its decisions state reasons.
Consequences of the principle of legality
| Rule | Provision |
|---|---|
| Every decision states reasons | Article 226(1) |
| A decision not to prosecute is notified to the injured person, states its reasons, and is reviewable by a court at the instance of that person | Article 226(2) |
| Where the person under investigation holds a public office, the file, the decision and the reasons are published on the conclusion of the case | Article 226(3) |
| Investigations touching a member of the Assembly, a member of an executive committee, a delegate to a planning body, a judge or a justice are reported in aggregate at annual intervals | Article 226(4) |
Files on the register
Undeclared interest of a planning delegate
- Source
- Office of Democratic Integrity, transmitted on referral
- Matter
- Concealed interest in a matter before a planning body
Under investigation
Preference in allocation, executive committee
- Source
- Office of Democratic Integrity, transmitted on referral
- Matter
- Preference prohibited by Article 113(3)
Under investigation
Every instruction is written and on the file
Article 225(2): general instructions upon the priorities of prosecution are given in writing by the head of the service alone, are published, and in no case name a person, an enterprise or a case.
Article 225(3): every instruction given within the service is in writing, is placed on the file of the case, and is disclosed to the parties.
Article 225(4): a prosecutor may refuse an instruction they consider unlawful, states the refusal in writing on the file, and Article 61(3) protects them.
The published general instructions
Where the service meets another organ
| Organ | Matter |
|---|---|
| Audit Office | Transmits a file where an audit discloses an offence, under Article 251(2). The service decides and publishes the decision. |
| Office of Democratic Integrity | Transmits files under Articles 260(3) and 262(3). Its findings bind no court. |
| Defender of Rights | Sends matters disclosing an offence here. It has no criminal power of its own. |
| Judicial Council | Appoints the head of the service by open competition, for a single term of seven years. |
| Judicial Inspectorate | Prosecutors are recruited, hold their term and are disciplined under Chapter 3, which the Inspectorate applies. |
| National Court | The service appears in criminal cassation on the three grounds of Article 200(2). |