Prosecutors
Prosecutors are recruited, hold their term and are disciplined under the chapter that governs judges.
Article 224(3): prosecutors are recruited, hold their term and are disciplined under Chapter 3 of Title VIII, which applies to them.
Provisions applied from the chapter on judges
| Matter | Provision |
|---|---|
| Open competition upon published criteria, conducted anonymously so far as the exercise permits, administered by the Judicial Council | Article 202(1) |
| Open to every resident holding the qualification, without condition of origin, of family, of connection, or of prior service | Article 202(2) |
| Routes secured from ordinary practice, from the service of communes and cooperatives, from teaching and from legal assistance | Article 202(3) |
| Results, marks, criteria and the composition of every examining board published | Article 202(4) |
| A single term of twelve years, never renewed | Article 203(1) |
| Transfer, suspension or removal in the course of a term only by the disciplinary procedure | Article 203(3) and Article 206 |
| Public declarations of contributions, associations, property and interests, on appointment and annually | Article 204(4) |
| Provision no different from that of any other resident | Article 204(5) |
The head of the service
The head is appointed by open competition upon published criteria, by the Judicial Council, for a single term of seven years, never renewed. Removal follows only the procedure of Article 206, which requires a disciplinary panel of that Council composed by lot, with the members drawn by lot holding the majority, and an appeal to the Constitutional Court.
Discipline
The grounds are stated, and they exclude the content of a decision, its reversal on appeal, and a legal opinion expressed. Article 206(2) opens proceedings through the Judicial Inspectorate, upon complaint by any person or on its own motion.
A prosecutor may refuse an instruction they consider unlawful and states the refusal in writing on the file, and Article 61(3) protects them. A refusal so made is in no case a ground of liability.
After a term
The holder returns to a contribution under Article 70(6), retains the provision of every resident, and takes no function in a foreign economic entity for three years. The Office of Democratic Integrity verifies compliance under Article 260(4).