The responsibility for the proper operation of the Services belongs to the Directors of the Country’s Prosecutor’s Offices and by extension to the Prosecutor of the Supreme Court
The Prosecutor of the Supreme Court Georgia Adeline in view of the implementation of the new judicial charter, he addressed instructions to the Prosecutor’s Offices of the country.
In particular, Mrs. Adelini states that “on the occasion of the no. prot. 6751/4.11.2024 document of the Deputy Minister of Justice addressed to, among others, the “Directors of the Public Prosecutor’s Offices of the Country” we point out the following:
- According to article 18 of the Code of Organization of Courts and Status of Judicial Officers, as supplemented by par. 1 of article 74 of Law 5134/2024 (Government Gazette A’ 146): “1. The prosecution is directed by the prosecutor, who exercises the powers of par. 7 of article 17. If more than one prosecutor serves in the same prosecution, the director is the most senior, as long as he does not have the obstacles provided for in par. 6 of article 17 The Director of the District Court of First Instance designates, by his act, the prosecutor(s) of the parallel seat, as well as their duties.”
- Furthermore, with article 28 par.1 of the same Law, entitled: “The public prosecutor’s office as an independent judicial authority”, it is defined that: “1. The prosecution is a judicial authority, independent of the courts and the executive power. 2. It acts unitedly and indivisible and has as its mission the observance of legality, the protection of the citizen and the safeguarding of the rules of public order“, while according to par. 5 para. a of the same above article, only the Prosecutor of the Supreme Court has the right to address orders, general instructions and recommendations related to the exercise of their duties to all prosecutorial officers of the Country.
- We also emphasize that judicial independence is the foundation of our democratic state and ensuring it is the duty of all of us, excluding any intervention by the other two powers, for whatever reason and whether it is attempted, even to deal with existing and serious problems, as in this case case.
- Finally, in accordance with the Constitution (articles 87 et seq.), the Prosecutor of the Supreme Court and all prosecutorial officers are included in the judicial function of the State and enjoy personal and functional independence.
Consequently, according to the above provisions, the responsibility for the proper functioning of their Services belongs to the Directors of the Country’s Prosecutions and by extension to the Prosecutor of the Supreme Court”.
Source: Skai
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