PUBLIC MINISTRY
Prosecutor’s Office attached to the High Court of Cassation and Justice

 

PRINCIPLES OF ORGANIZATION AND OPERATION 
 

The activity of the Public Ministry is organized according to the principles of equality, impartiality and hierarchical control.

a) Whenever the conditions stipulated by the Law are met in order to protect a public interest, the prosecutor must act in the manner and with the means provided by the Law.

The prosecutor can only act within the limits of his/her competence, through the means and in the cases established by the legal provisions. In other words, he/she exercises his/her competences only under the Law. The specific mission of the Public Ministry is to ensure the compliance with the law.

b) According to the principle of impartiality, in the spirit of the provisions of art.16 of the Constitution, which state that "No one is above the Law", the prosecutor, as a representative of the whole society, as the defender of the order of law, of the rights and liberties of the citizens, has the obligation to exercise his/her competences with objectivity, regardless of the quality of the investigated person or his/her social political affiliation.

The prosecutor must ensure that the bodies in whose activity he/she participates or whose activity he/she supervises apply the law without discrimination.

c) The hierarchical subordination, another principle of the activity of the Public Ministry, is materialized in the sense that the prosecutors within each Prosecutor's Office are subordinated to the head of that Prosecutor's Office, and the latter is subordinated to the head of the hierarchical superior Prosecutor's Office in the same jurisdiction.

The provisions of the hierarchical superior prosecutor, given in accordance with the law, are mandatory for the subordinated prosecutors, but in court, the session prosecutor is free to present the conclusions that he/she considers to be justified according to the law, taking into account the evidence administered in the case.

The hierarchical superior prosecutor can of course fulfill any of the competences of the subordinate prosecutors and he/she can suspend or invalidate their acts and provisions if they are contrary to the Law.

The prosecutor is independent in the ordered solutions under the conditions provided by law.

The assigned files can be given to another prosecutor only in case of suspension or cessation of his/her quality, or in his/her absence, if there are objective causes that justify the urgency and that prevent their resolution.

The Public Ministry acts to respect this principle and to permanently ensure the legality of the provisions issued by the prosecutors with leading offices.

The Public Ministry is independent in its relations with the other authorities and exercises its competences only according to the law and by ensuring its observance.