Law on the Public Prosecutor's Office (2004)

DECREE ON PROCLAIMING THE LAW ON THE PUBLIC PROSECUTOR’S OFFICE

The Law on the Public Prosecutor’s Office shall be proclaimed, which was adopted by the Parliament of the Republic of Macedonia at the session held on 9th June 2004.

President of the Republic of Macedonia

Branko Crvenkovski

(personal signature)

President

of the Parliament of the Republic of Macedonia,

Ljupco Jordanovski, Ph.D.

(personal signature)

No. 07-2505/1

9th June 2004

Skopje

L A W

ON THE PUBLIC PROSECUTOR’S OFFICE

1. BASIC PROVISIONS

Article 1

This Law shall regulate the establishment, organization and the competence of the Public Prosecutor’s Office, define the territorial jurisdiction and the seats of the Public Prosecutors Offices and determine the conditions and the procedure for appointment and dismissal of public prosecutors and deputy public prosecutors, as well as other issues related to the work of the Public Prosecutor’s Office.

Article 2

The Public Prosecutor’s Office shall be the unique and independent state institution that prosecutes perpetrators of crimes and other punishable acts sanctioned by law and perform other duties as stipulated by law.

Article 3

The Public Prosecutor’s Office shall perform its functions on the basis of and within the frames provided by the Constitution, the laws and the International Treaties ratified in accordance with the Constitution of the Republic of Macedonia.

Article 4

The Public Prosecutor’s Office shall perform its functions in a lawful, impartial and objective manner, respect and protect the internationally set human rights and fundamental freedoms and take due care for the efficient and timely functioning of the criminal justice system.

In the course of performing its functions, the Public Prosecutor’s Office shall ensure equity of all before the law, regardless of gender, race, color of skin, national or social origin, political or religious belief and property and social position.

Article 5

The function of the Public Prosecutor’s Office shall be performed by public prosecutors, as follows: Public Prosecutor of the Republic of Macedonia, higher public prosecutors and basic public prosecutors.

The Public Prosecutor shall be appointed to a six year term of office.

Article 6

Public Prosecutors shall have one or more Deputy Public Prosecutors. A Deputy Public Prosecutor may perform any of the acts of the procedure in a court of law, other bodies and other legal entities for which the Public Prosecutor is authorized according to the law.

Deputy Public Prosecutors shall be appointed without limitation of the term, except for their first appointment at the basic public prosecutor’s offices when they shall be appointed to a six year term of office.

The Government of the Republic of Macedonia shall determine the number of the Deputy Public Prosecutors upon a proposal by the Minister of Justice and following a prior positive opinion of the Council of Public Prosecutors of the Republic of Macedonia

Article 7

The Public Prosecutor’s Office shall be organized in accordance with the principles of hierarchy and subordination.

Article 8

The Public Prosecutor’s Office, through the press and other mass media, shall inform the public about the crime situation and other issues of general importance relevant to its work.

Article 9

The Public Prosecutor’s Offices shall co-operate with other agencies responsible for disclosing crimes and other punishable acts and perpetrators, with courts, other bodies and legal entities in relation to issues relevant to their work and issues of common interest.

Article 10

The Higher Public Prosecutor shall have the power to issue written obligatory instructions to the lower public prosecutors for their work.

The obligatory instructions of the Higher Public Prosecutor as referred to in paragraph 1 of this Article may relate to undertaking of certain measures and activities for protection of the rights and freedoms of people and citizens, protection of the interests of the social community and other legal entities, more efficient disclosure of criminal and other punishable acts and their perpetrators, usage of legal motions, and lawful determination of facts and law application.

The lower public prosecutor is obliged to fulfill the obligatory instructions by the Higher Public Prosecutor within his/her territorial jurisdiction.

Article 11

The Higher Public Prosecutor is obliged to inform the Public Prosecutor of the Republic of Macedonia about the obligatory instructions that he/she has issued to the basic public prosecutors or for initiating criminal prosecution, i.e. for the undertaking of certain actions falling under his/her jurisdiction.

The Public Prosecutor of the Republic of Macedonia may directly issue obligatory instructions to the higher and basic public prosecutors, i.e. initiate criminal prosecution and undertake other actions that are in competence of the higher and basic public prosecutors on the entire territory of the Republic of Macedonia.  

Article 12

The Higher Public Prosecutor may undertake criminal prosecution, as well as carrying out of certain actions for which the lower public prosecutor is competent.

The Higher Public Prosecutor may authorize a lower public prosecutor to run a procedure on certain cases or to exercise certain matters in competence of another public prosecutor.

Article 13

Any form of political organizing and acting shall be prohibited in the Public Prosecutor’s Offices.

Article 14

The Public Prosecutor’s Office of the Republic of Macedonia shall establish and maintain international co-operation within the frames given in the International Conventions and Treaties with public prosecutors from other countries, particularly in the area or prevention and prosecuting organized crime and other types of serious crimes, through information exchange, direct co-operation, education and specialization of personnel, as well as through other forms of co-operation.

Article 15

The Public Prosecutor’s Offices shall prepare annual reports for their work.

The lower Prosecutor’s Offices shall submit their reports as referred to in paragraph 1 of this Article to the higher Prosecutor’s Offices.

The Public Prosecutor’s Office of the Republic of Macedonia shall prepare a single annual report for the work of all the Public Prosecutor’s Offices and submit it for review to the Parliament of the Republic of Macedonia.

The annual work report of paragraph 3 of this Article shall also be submitted to the Government of the Republic of Macedonia and to the Ministry of Justice.

Article 16

The Public Prosecutor’s Office shall have a seal containing the title and the seat of the Public Prosecutor’s Office, the coat of arms and the name “Republic of Macedonia”.

On the building where the Public Prosecutor’s Office is seated, the name of Republic of Macedonia, the title and the seat of the Public Prosecutor’s Office, the coat of arms and the flag of the Republic of Macedonia must be placed.

Article 17

In the performance of its functions, the Public Prosecutor’s Office shall duly implement the relevant provisions of the Law on Criminal Procedure that pertain to the use of languages.

Article 18

The internal rules of procedure of the Public Prosecutor’s Offices shall be passed by the Public Prosecutor of the Republic of Macedonia.

The supervision over the work of the Public Prosecutor’s Offices shall be performed by the Public Prosecutor of the Republic of Macedonia and the Ministry of Justice.

2. COMPETENCE OF THE PUBLIC PROSECUTOR’S OFFICE

Article 19

The Public Prosecutor’s Office as a unique state institution of the Republic of Macedonia shall be organized on the levels of basic, higher, and Public Prosecutor’s Office.

The Public Prosecutor’s Office shall act within the scope of its substantial and territorial jurisdiction, unless otherwise stipulated by this Law.

The Basic Public Prosecutor shall proceed in front of the Basic Court.

The Higher Public Prosecutor shall proceed in front of the Appellate Court.

The Public Prosecutor of the Republic of Macedonia shall proceed in front of the Supreme Court of the Republic of Macedonia.

The Public Prosecutor shall also proceed in front of other bodies and other legal entities on the territory under his/her jurisdiction when authorized by law.

Article 20

In performing the function of prosecuting perpetrators of crimes and of other punishable acts as stipulated by law, the Public Prosecutor shall be competent to:

    - take measures and legal motions necessary for detecting crimes and  perpetrators and to direct the pre-trial procedure;

    - take all procedural actions within the principal function of the Public Prosecutor to bring and represent indictments;

    - decide upon initiating or continuing prosecution against crime perpetrators;

    - put forward regular or extraordinary legal remedies against court decisions;

    - supervise regularity of enforcement of sanctions imposed for crimes committed and the protection of the rights of detained persons; and

    - carry out other actions as stipulated by law.

In the criminal, out-of-court, executive, administrative and other procedures, Public Prosecutors shall undertake actions for which they are authorized by law.

Article 21

In performing the function of prosecution, the Public Prosecutor’s Office in co-operation with the investigative and other relevant bodies and legal entities shall take all measures and activities necessary for detecting crimes and other punishable acts as well as their perpetrators.

The Public Prosecutor shall direct the work of the authorized officers of the Ministry of Interior and of other state institutions aimed at undertaking all measures necessary for finding a crime perpetrator, preventing the perpetrator or accomplice to hide or escape, revealing and securing the traces of crime and items that can be used as evidence and  shall be entitled to require that the Ministry of Interior and other competent bodies and legal entities collect all the necessary information and take other necessary measures for detecting crimes and other punishable acts as well as their perpetrators.

The Public Prosecutor shall be entitled to request from the Ministry of Interior to provide him/her with insight in the documents and other evidence the Ministry has obtained in the process of investigating criminal and other punishable acts as well as the perpetrators.

The Public Prosecutor shall be entitled to ask the state institutions, the local self-government bodies as well as organizations that give public authorizations to deliver documents, papers, cases and information necessary for exercising his/hers competence. While performing its duties, the Public Prosecutor’s Office shall also be entitled to request delivery of information from other legal entities and individuals, if it is considered that they possess such information and may consult experts in the relevant field and ask for their opinion, all of the above being necessary for decision making.

The Ministry of Interior and other state institutions, legal entities and individuals as referred to in paragraph 3 of this Article are obliged to take all measures and means necessary and, in the shortest possible time, deliver the requested data, information and papers to the public prosecutor.

If the bodies and individuals, in accordance with paragraph 3 of this Article, fail to deliver the data, information and papers requested by the competent Public Prosecutor he/she shall dully inform the Minister of Interior or other responsible officials of other state institutions or legal entities, to which the request was addressed and the Public Prosecutor may propose appropriate actions as stipulated by law.

Article 22

In performing the function of criminal prosecution of perpetrators of crimes in the field of organized crime and corruption and other punishable acts for which a minimum punishment of a four year prison term is stipulated by law, the Public Prosecutor shall be entitled to request that one or more authorized officers be assigned at his/her disposal for a certain period of time during the pre-trial procedure, as well as during the criminal procedure that is initiated upon his/her request.

The official who heads the appropriate ministry or other state institution is obliged without any delay to accept the Public Prosecutor’s request and to temporarily assign the authorized officer, as referred to in paragraph 1 above, to work at the Public Prosecutor’s office.

The authorized officer, as referred to in paragraph 1 above, shall act in accordance with the directions given by the Public Prosecutor and shall be directly responsible for fulfilling his/her duties towards the Public Prosecutor.

The authorized official person who acts in accordance with the Public Prosecutor’s request may not be obstructed or held responsible for the activities taken within the scope of his legal authorizations.  

Article 23

The Public Prosecutor of the Republic of Macedonia shall submit a request to the Constitutional Court of the Republic of Macedonia for initiating an assessment of the compliance of a law with the Constitution or the compliance of other by-laws with the Constitution and the existing laws, should issues of constitutionality and legality arise in the course of the work of the Public Prosecutor’s Office.

The Basic and Higher Public Prosecutor’s Offices shall inform the Public Prosecutor of the Republic of Macedonia about issues concerning constitutionality and legality related to their work.

Article 24

In cases in which the Public Prosecutor of the Republic of Macedonia considers that, because of breach of a law or of an international treaty, there is a basis to use a legal remedy against an executive court decision or against decision reached in an administrative or other proceedings, to which he is entitled by a law, he/she may ask the competent body to postpone i.e. suspend the execution of the relevant decision, should the execution of such a decision possibly result in irreparable damages.

A request for postponing i.e. suspending the execution as referred to in paragraph 1 of this Article, shall be submitted by the Public Prosecutor of the Republic of Macedonia, authorized to use the legal remedy against such a decision. A request for postponing i.e. suspending an execution shall be submitted to the court, i.e. the body that is competent for allowing the execution and if the execution is underway, to the court, i.e. the competent body responsible for the execution, as well as to the payment operations bearer, if it is an execution on the basis of funds on the debtor’s account.

Upon request by the Public Prosecutor, the court or the competent body, shall postpone i.e. suspend the execution of a decision should it asses that the request has a legal ground.

The payment operations bearer shall discontinue the execution until the passing of the decision by the bodies as referred to in paragraph 3 of this Article.

A postponement i.e. suspension of an execution shall last until the moment of passing a decision upon the legal remedy by the Public Prosecutor of the Republic of Macedonia.

A decision for a postponement i.e. a suspension of the execution shall cease to be valid if the Public Prosecutor of the Republic of Macedonia does not use a legal remedy in a period of 30 days after the reception of the decision for execution.

Article 25

With regard to tasks and duties in its competence and undertaking actions for which it is authorized, the Public Prosecutor’s Office shall receive reports on crimes, submissions, other papers and statements submitted by citizens, bodies and other legal entities.

In carrying out its tasks as referred to in paragraph 1 of this Article, papers and other information relevant to undertaking actions of its competence, will be submitted to the Public Prosecutor’s Office.

The Public Prosecutor is obliged to take actions for which he/she is authorized by law, as soon as possible, but no more than 30 days from receiving the criminal charges to.

3. ORGANISATION OF THE PUBLIC PROSECUTOR’S OFFICE

Article 26

The Public Prosecutor’s Office shall be established for a territory under jurisdiction of a court of an appropriate instance, in front of which it shall proceed with competence.

One Basic Public Prosecutor’s Office may be established for territories under jurisdiction of one or more primary courts.

For a territory of an Appellate Court a Higher Public Prosecutor’s Office shall be established.

The Public Prosecutor’s Office of the Republic of Macedonia shall be established for the entire territory of the Republic of Macedonia with a seat in Skopje.

Article 27

The following Basic and Higher Public Prosecutor’s Offices shall be established in the Republic of Macedonia:

  •  
    •  

        1. Basic Public Prosecutor’s Office in Berovo for the territory of the Primary Court in Berovo;

        2. Basic Public Prosecutor’s Office in Bitola for the territory of the Primary Court in Bitola;

        3. Basic Public Prosecutor’s Office in Veles for the territory of the Primary Court in Veles;

        4. Basic Public Prosecutor’s Office in Gevgelija for the territory of the Primary Court in Gevgelija;

        5. Basic Public Prosecutor’s Office in Gostivar for the territory of the Primary Court in Gostivar;

        6. Basic Public Prosecutor’s Office in Debar for the territory of the Primary Court in Debar;

        7. Basic Public Prosecutor’s Office in Delcevo for the territory of the Primary Court in Delcevo;

        8. Basic Public Prosecutor’s Office in Kavadarci for the territory of the Primary Courts in Kavadarci and Negotino;

        9. Basic Public Prosecutor’s Office in Kicevo for the territory of the Primary Court in Kicevo;

        10. Basic Public Prosecutor’s Office in Kriva Palanka for the territory of the Primary Court in Kriva Palanka;

        11. Basic Public Prosecutor’s Office in Kocani for the territory of the Primary Courts in Kocani and Vinica;

        12. Basic Public Prosecutor’s Office in Kumanovo for the territory of the Primary Courts in Kumanovo and Kratovo;

        13. Basic Public Prosecutor’s Office in Ohrid for the territory of the Primary Court in Ohrid;

        14. Basic Public Prosecutor’s Office in Prilep for the territory of the Primary Courts in Prilep and Krusevo;

        15. Basic Public Prosecutor’s Office in Radovis for the territory of the Primary Court in Radovis;

        16. Basic Public Prosecutor’s Office in Resen for the territory of the Primary Court in Resen;

        17. Basic Public Prosecutor’s Office in Sveti Nikole for the territory of the Primary Court in Sveti Nikole;

        18. Basic Public Prosecutor’s Office in Skopje for the territory of the Primary Courts Skopje I and Skopje II;

        19. Basic Public Prosecutor’s Office in Struga for the territory of the Primary Court in Struga;

        20. Basic Public Prosecutor’s Office in Strumica for the territory of the Primary Court in Strumica;

        21. Basic Public Prosecutor’s Office in Tetovo for the territory of the Primary Court in Tetovo and

        22. Basic Public Prosecutor’s Office in Stip for the territory of the Primary Court in Stip

  • a) Basic Public Prosecutor’s Offices:

    b) Higher Public Prosecutor’s Offices (HPPO):

  •  

      1. HPPO in Bitola for the territory of the Appellate Court in Bitola;

      2. HPPO in Skopje for the territory of the Appellate Court in Skopje;

      3. HPPO in Stip for the territory of the Appellate Court in Stip;

Article 28

In the Public Prosecutor’s Offices dealing with larger workload of similar cases, in order to improve the efficiency and to specialize the work of the Office in a certain limited area under its competence, departments may be formed as internal organizational units. The work of the department shall be directed by a Public Prosecutor or a Deputy Public Prosecutor designated in accordance with the annual work roster of the Public Prosecutor’s Office of the Republic of Macedonia.

Article 29

In the Public Prosecutor’s Office of the Republic of Macedonia a Department for Prosecution of Perpetrators of Criminal Acts in the Field of Organized Crime and Corruption shall be established.

The Department as referred to in paragraph 1 of this Article shall prosecute crimes that according to the law are to be prosecuted ex officio and which have been committed by an organized group consisting of at least three persons, who have been acting over a certain period of time, with the aim of acquiring direct or indirect financial benefits or other kind of material benefits, and who have committed one or several crimes, as well as other crimes punishable with ate least 4 year prison term. 

The Department as referred to in paragraph 1 of this Article shall be competent to proceed before the primary courts on the entire territory of the Republic of Macedonia.

The Basic Public Prosecutors are obliged, immediately after having received information that a criminal act related to organized crime and corruption has been committed, to inform the Public Prosecutor of the Republic of Macedonia, who will decide about the competency of procedure.

The Basic Public Prosecutors are obliged to co-operate with the Department and to provide appropriate working conditions for the members of the Department, should such a need arise.

The Public Prosecutor of the Republic of Macedonia, in accordance with the Rules of Procedure for the Internal Organization and Work of the Public Prosecutor’s Offices, shall decide upon the structure of the Department and shall pass rules with concrete instructions for the Department’s organization.    

Article 30

The Public Prosecutor of the Republic of Macedonia, if work requires, may temporarily send a Public Prosecutor or a Deputy Public Prosecutor to other Public Prosecutor’s Office in accordance with the provisions of this Law, but no longer than six months.

The Public Prosecutor and the Deputy Public Prosecutor who will be temporarily assigned to other Public Prosecutor’s Office shall have all of the rights and obligations they had in the Office where they were previously working.

The Public Prosecutor and the Deputy Public Prosecutor shall be entitled to reimbursement of all of their expenses for moving, for them as well as for their entire families, as well as to reimbursement in cases when they are being sent to other Public Prosecutor’s Office.

Article 31

The Public Prosecutor shall represent the Public Prosecutor’s Office, manage its work and exercise the rights and obligations provided by Law.

The Public Prosecutor shall be replaced by the Deputy Public Prosecutor appointed by him/her.

When the Public Prosecutor does not have a deputy, and he/she is not able to perform his/hers duties, the Higher Public Prosecutor may authorize another Public Prosecutor or send his/her deputy to perform the duties of the Public Prosecutor, but no longer than six months.

The annual work roster shall be passed by the Public Prosecutor at the beginning of each calendar year.

In the Public Prosecutor’s Offices where there are more than 3 deputies, Collegiums shall be established as an expert and advisory body of the Public Prosecutor in that Office.

Article 32

In order to perform the function of the Public Prosecutor’s Office efficiently, its work shall be organized in an “on duty” system.

The roster and the duration of the “on duty” hours shall be determined by the Public Prosecutor within the particular office on monthly basis.

Compensation shall be paid for every “on duty” hour worked.

The amount of the compensation shall be determined by an act of the Minister of Justice upon a prior opinion by the Ministry of Finance.

4. PUBLIC PROSECUTORS AND DEPUTY PUBLIC PROSECUTORS

Article 33

The Parliament of the Republic of Macedonia shall announce the appointment of a Public Prosecutor and a Deputy Public Prosecutor for the relevant Public Prosecutor’s Office in the “Official Gazette of the Republic of Macedonia” and in the daily newspapers no later than 15 days after the decision on the number of deputies of the Public Prosecutor has been passed, i.e. immediately after the vacancy for the position of Public Prosecutor or Deputy Public Prosecutor has been opened.

The deadline as referred to in paragraph 1 of this Article shall begin from the day of publishing the vacancy notice in the “Official Gazette of the Republic of Macedonia”.

With the vacancy notice, the interested candidates shall be informed to apply to the Parliament of the Republic of Macedonia within 15 days from the day when the vacancy notice was published in the “Official Gazette of the Republic of Macedonia”.

Article 34

The conditions required for the positions of the Public Prosecutor of the Republic of Macedonia and a Deputy Public Prosecutor shall be that the interested candidate is a citizen of the Republic of Macedonia who fulfils the general conditions set in the Law on Employment with a State Institution, who has a Bachelor’s Degree in Law and has passed the bar exam and who has the respectability to exercise the function of a Public Prosecutor, i.e. a Deputy Public Prosecutor.

In addition to the conditions set in paragraph 1 of this Article a candidate for the position of a Deputy Public Prosecutor in the Basic Public Prosecutors Office, should also have relevant experience and recognized results in his/her work after passing the bar exam for a period of more than 5 years and for a period of more than 9 years for the positions of a Deputy Public Prosecutor in a Higher Public Prosecutor’s Office.

A candidate for the position of the Public Prosecutor of the Republic of Macedonia and a candidate for the position of a Deputy Public Prosecutor of the Republic of Macedonia, besides the conditions set in paragraph 1 of this Article, should be a distinguished legal expert and have a working experience and recognized results working on legal issues for a period of more than 12 years.

A Public Prosecutor at the Higher and the Basic Public Prosecutor’s Office shall be appointed, as a rule, from the ranks of the deputy public prosecutors in the same Public Prosecutor’s Office or a Public Prosecutor, or a Deputy Public Prosecutor from another Public Prosecutor’s Office. 

If the Public Prosecutor is not reappointed, he/she shall continue to perform the duties of the Deputy Public Prosecutor in the same Public Prosecutor’s Office.

a) Council of Public Prosecutors

Article 35

For realization of the procedure for appointment and discharge as well as for determining the responsibility of the public prosecutors and the deputy public prosecutors, a Council of Public Prosecutors shall be established.

Article 36

The Council of Public Prosecutors shall consist of nine members.

The members of the Council of Public Prosecutors shall be the Public Prosecutor of the Republic of Macedonia, higher public prosecutors and the Basic Public Prosecutor from Skopje.

The Collegiums of the Public Prosecutor’s Office of the Republic of Macedonia shall appoint two members of the Council of Prosecutors from the ranks of all the public prosecutors and deputy public prosecutors.

The Government of Republic of Macedonia, upon a proposal by the Minister of Justice, shall appoint two members of the Council of Public Prosecutors.

The members appointed by the Government of Republic of Macedonia and the Collegiums of the Public Prosecutor’s Office shall have a four year term of office.

Article 37

The work of the Council of Public Prosecutors shall be managed by the Public Prosecutor of Republic of Macedonia.

The administrative, expert and technical works of the Council are performed by the expert service of the Public Prosecutor’s Office of Republic of Macedonia.

Article 38

The Public Prosecutor of the Republic of Macedonia shall enact Rules on the Evaluation Criteria for the Performance of the Public Prosecutors and the Deputy Public Prosecutors.

The evaluation as referred to in paragraph 1 of this Article shall be conducted directly by the Higher Public Prosecutor for every public prosecutor or deputy public prosecutor individually, every two years.

The evaluation as referred to in paragraph 1 of this Article shall be submitted to the Council of Public Prosecutors, which will take it into consideration when carrying out the duties within its scope of competence as stipulated in Article 40 of this Law.  

Article 39

If a member of the Council of Public Prosecutors is in an ongoing procedure of appointment or discharge or if a disciplinary measure has been initiated against him or a procedure for determining incompetent performance of duties and achieving unsatisfactory results cannot take part in the work of the Council of Public Prosecutors. The Collegiums of the Public Prosecutor’s Office or the Government shall appoint a new member on his position, until the expiration of the term of office of the member of the Council of Public Prosecutors who is being replaced.

Article 40

The Public Prosecutors’ Council shall provide positive opinion on the appointment of a Public Prosecutor, i.e. a Deputy Public Prosecutor; shall act on second instance in the procedure for determining disciplinary responsibility and incompetent working and achieving unsatisfactory results while performing the duties; shall prepare a working protocol; shall perform other duties as prescribed by this Law.

Article 41

The Public Prosecutors’ Council shall perform the duties within its competency at a session attended by more than a half of the members out of the entire membership of the Public Prosecutors’ Council.

The decisions shall be passed with majority of votes from the total number of members of the Public Prosecutors’ Council.

b) Procedure for appointment of Public Prosecutors and Deputy Public Prosecutors

Article 42

The Parliament of the Republic of Macedonia shall appoint a Public Prosecutor, i.e. a Deputy Public Prosecutor on proposal of the Government of the Republic of Macedonia after having previously obtained a positive opinion from the Public Prosecutors’ Council.

Should the Government of the Republic of Macedonia not agree with the obtained opinion of the Public Prosecutors’ Council, it may request reconsideration of the opinion.

Should the Public Prosecutors’ Council after the reconsideration give positive opinion for the same proposal with 2/3 majority of its members, the Government shall be obligated to accept the opinion of the Public Prosecutors’ Council.

A representative from the Public Prosecutors’ Council shall obligatory participate in the work of the working body of the Parliament of the Republic of Macedonia that discusses the appointment or dismissal of the Public Prosecutors or Deputy Public Prosecutors.

Article 43

The principle of adequate and equitable representation of the citizens belonging to all communities in the Republic of Macedonia shall be applied in the course of appointment of Public Prosecutors and Deputy Public Prosecutors, without breaking the criteria provided by Law.

Article 44

A person whose spouse or a person in direct kinship or in indirect kinship of second generation is a Public Prosecutor or Deputy Public Prosecutor in the same or higher Public Prosecutor’s Office for the same area or in the Public Prosecutor’s Office of Republic of Macedonia may not be appointed for Public Prosecutor or Deputy Public Prosecutor.

Article 45

Prior to taking the office, the Public Prosecutor, i.e. the Deputy Public Prosecutor, shall give a solemn statement before the President of the Parliament of the Republic of Macedonia, which reads as follows:

“I declare that in performing the function of a Public Prosecutor, i.e. a Deputy Public Prosecutor, I shall abide by the Constitution and the Laws of the Republic of Macedonia, I shall perform my function in a conscientious, impartial and responsible manner, and I shall protect the human rights and freedoms, the rights and freedoms of the citizens and the interests of other legal entities”.

Article 46

The Public Prosecutor of Republic of Macedonia shall be accountable for his work and the work of the Public Prosecutor’s Office to the Parliament of Republic of Macedonia.

The Higher Public Prosecutor shall be accountable for his work to the Public Prosecutor of Republic of Macedonia and the Parliament of Republic of Macedonia.

The Basic Public Prosecutor shall be accountable for his work to the Higher Public Prosecutor, the Public Prosecutor of Republic of Macedonia and the Parliament of Republic of Macedonia.

The Deputy Public Prosecutor shall be accountable for his work to the appropriate Public Prosecutor and to the Parliament of Republic of Macedonia.

Article 47

The Higher Public Prosecutor’s Office shall supervise the work of the lower public prosecutor’s offices by reviewing the papers on the cases and in another appropriate manner.

Article 48

The Public Prosecutor and the Deputy Public Prosecutor shall enjoy immunity.

The immunity of the Public Prosecutor and the Deputy Public Prosecutor shall mean they may not be held liable or detained for their actions, opinions or decisions made while performing their duties.

The Public Prosecutor and the Deputy Public Prosecutor may not be detained without the approval of the Parliament of Republic of Macedonia unless they are caught while perpetrating a criminal act for which a sentence of imprisonment of at least five years is provisioned.

The procedure for deciding on the matter of immunity of the Public Prosecutor and the Deputy Public Prosecutor shall be urgent and shall be conducted following a previously obtained opinion from the Council.

Article 49

The Public Prosecutor and the Deputy Public Prosecutor shall be obliged to always preserve the reputation of the function they perform.

The Public Prosecutor and the Deputy Public Prosecutor may not perform duties or activities that are incompatible with their function and that disrupt the reputation of the Public Prosecutor’s Office.  

The Public Prosecutors and their Deputies shall be obliged to keep confidential all the information obtained from the parties regarding their legal and factual relations within their work and shall guarantee the confidentiality of the classified information, referring to data of private nature that shall not affect the performance of the function.

The Public Prosecutor and Deputy Public Prosecutor may not perform a political function or be members of any political party or other political association.

Article 50

The function Public Prosecutor and Deputy Public Prosecutor shall be incompatible with the function Member of Parliament, i.e. Advisor in the Councils of the Local Self-government Units and the City of Skopje and with the functions in the bodies of the Republic of Macedonia, the local self-government units and the city of Skopje, as well as with performing another public function and profession or with membership in a political party. 

Article 51

In relation to the performance of their duties, the Public Prosecutor and the Deputies shall not allowed be to accept gifts or use services from parties or persons who directly or indirectly are involved in the prosecution proceedings.  

Article 52

The following powers shall be treated as special rights of the Public Prosecutors and the Deputy Public Prosecutors in the performance of the Public Prosecutor’s function:

    - the right to enter and to have free passage at stations, airports, ports, only by presenting an official ID card;

    - the right to official permit for carrying a weapon;

    - the right to have free use of the public transportation, both inland or via the lakes within - the territory, i.e. the area under their jurisdiction; and

    - the right to a special personal protection, protection of their family and property, upon their request addressed to the Police located in the place of their residence, whenever there is serious threat to their safety.

The Minister of Justice shall more detailed provision the special rights of paragraph 1 of this Article.

Article 53

The Public Prosecutor and the Deputies shall be entitled and obliged to continuous professional advancement.

Funds for professional advancement of Public Prosecutors and their Deputies shall obligatorily be allocated from the Budgets for the work of the Public Prosecutor’s Offices.

Specialization of the Public Prosecutors and their Deputies shall be allowed for the purpose of more successful performance of their duties.

Article 54

The Public Prosecutor and the Deputies of the Public Prosecutors who do not have a personal residence on the territory under jurisdiction of the Public Prosecutor’s Office where they perform their function, shall be entitled to use an appropriate residence provided by the Office.

Article 55

The Public Prosecutors shall be obligated to wear special clothing (gown) at the main hearing by which they will be distinguished from the other participants.

The Minister of Justice shall issue a rulebook on the apparel and the terms of wearing the special clothing referred to in paragraph of this Article.

Article 56

Official ID cards shall be issued to the Public Prosecutors and their Deputies.

The Minister of Justice shall provision the content and format of the form of the official ID card and the manner for their issuing and confiscation.

Article 57

The Public Prosecutors may establish an Association for the purpose of fulfillment and protection of their own interests as well as for improvement of their professional status.

5. CESSATION OF FUNCTION AND DISMISSAL

Article 58

The Public Prosecutor and the Deputy Public Prosecutor shall be dismissed:

    1) When they themselves require that;

    2) When they permanently lose the mental and physical capacity for performing the function of a Public Prosecutor, which shall be established by the Council of Public Prosecutors on the basis of documents stating the diagnosis and analysis of a competent medical commission;

    3) When they have fulfilled the conditions for old-age retirement;

    4) When they have been convicted of a criminal act committed by misuse of their function or other criminal act and sentenced to more than six months of imprisonment, or to a shorter imprisonment or another criminal sanction for a criminal act that makes them inappropriate for performing the function of Public Prosecutor or Deputy of the Public Prosecutor;

    5) When it has been determined that they had committed a serious disciplinary violation of the function Public Prosecutor or Deputy of the Public Prosecutor stipulated by law, thus destroying the reputation of the function of the Public Prosecutor’s Office; and

    6) When it has been determined that they work in an unprofessional manner or have shown unsatisfactory results in the performance of the function.

The Public Prosecutor of the Republic of Macedonia shall submit the proposal for dismissal of the Deputies of the Public Prosecutors in the Public Prosecutor’s Office of the Republic of Macedonia and the basic and higher public prosecutors and their deputies to the Parliament of the Republic of Macedonia.

The proposal for dismissal of the Public Prosecutor of the Republic of Macedonia shall be submitted to the Parliament of the Republic of Macedonia by the Government of the Republic of Macedonia.

Article 59

As stipulated in Article 58, item 5 of this Law, the following acts shall be considered as serious disciplinary violations:

    1. A serious breach of the public peace and order that destroys the reputation of the Public Prosecutor and the Deputy of the Public Prosecutor and the reputation of the Public Prosecutor’s Office;

    2. Performance of another public function or profession;

    3. A serious violation of the rights of the parties and of other participants in the proceedings, that jeopardizes the reputation of the Public Prosecutor’s function; and

    4. Improper conduct towards individuals, state organs or other legal entities in relation to the performance of their function or otherwise;

Article 60

The following shall be considered as incompetent work or achievement of unsatisfactory results in the performance of the function of a Public Prosecutor, as provided in Article 58, item 6 of this Law:

    1. Incompletion, unconscientious or incompetent performance of official duties;

    2. Unjustified refusal to perform official duties, i.e. not following instructions issued in accordance with the provisions of this law; and

    3. Violation of regulations on protection of state and official classified issues.

Article 61

The procedure for determining liability for having committed a serious disciplinary violation or incompetent work, or achievement of unsatisfactory results in the performance of the public prosecutor’s function, shall be initiated upon proposal by:

    - The Government of Republic of Macedonia for the Public Prosecutor of the Republic of Macedonia;

    - The Public Prosecutor of the Republic of Macedonia for all public prosecutors and deputies of the public prosecutors;

    - The Higher Public Prosecutor for the Basic Public Prosecutor, the Deputy of the Higher Public Prosecutor and the Deputy of the Basic Public Prosecutor; and

    - The Basic Public Prosecutor for the Deputy Basic Public Prosecutor.

Article 62

Disciplinary sanctions shall be:

    1. A public warning.

    2. Fine in the amount of 20% of a monthly salary paid in the last month before the violation.

    3. Dismissal from the function of Public Prosecutor and Deputy Public Prosecutor.

Article 63

The procedure for determining disciplinary liability and for establishing incompetent work or achievement of unsatisfactory results in the performance of the duties shall be conducted by a Commission of five members established by the Public Prosecutor of the Republic of Macedonia.

Prior to initiating the procedure, the Commission shall request the Public Prosecutor or the Deputy Public Prosecutor to give an explanation regarding the allegations of the proposal for initiation of the procedure.

The Public Prosecutor of the Republic of Macedonia shall pass by-laws regulating the procedure for determining disciplinary liability and for establishing incompetent work or achievement of unsatisfactory results in the performance of the duties of the public prosecutors and the deputies of the public prosecutor.

Article 64

The Council of Public Prosecutors shall be the body of second instance in the procedure for determining disciplinary liability and for establishing incompetent work or achievement of unsatisfactory results in the performance of the duties.

Following the decision of the Council of Public Prosecutors, the Public Prosecutor of the Republic of Macedonia shall submit a proposal for dismissal of the Public Prosecutor or Deputy Public Prosecutor to the Parliament of the Republic of Macedonia.

Article 65

The Parliament of the Republic of Macedonia shall submit a copy of the Decision on dismissal to the dismissed Public Prosecutor or Deputy Public Prosecutor, to the Public Prosecutor’s Office of the Republic of Macedonia, the Council of Public Prosecutors and the Government of the Republic of Macedonia.

Article 66

The Public Prosecutor, i.e. the Deputy Public Prosecutor who has been dismissed, shall be entitled to their rights on the basis of his employment in the manner and conditions stipulated by this law.

Article 67

The Public Prosecutor or Deputy Public Prosecutor shall be restrained from performing their function while in detention.

The Public Prosecutor or Deputy Public Prosecutor may be restrained from performing their function for the duration of the investigation of the criminal act, when a procedure for determining disciplinary liability for a serious violation or for establishing incompetent work or achievement of unsatisfactory results in the performance of the duties have been initiated. 

The Decision on imposing a restraint from the performance of the function shall be issued by the Public Prosecutor of the Republic of Macedonia, after considering the previous explanation given by the public prosecutor or the deputy public prosecutor, where as for the Public Prosecutor of the Republic of Macedonia – the Government of the Republic of Macedonia, upon proposal by the Minister of Justice. 

6. SECRETARY GENERAL, CIVIL SERVANTS AND OTHER STAFF WITH THE PUBLIC PROSECUTORS’ OFFICES

Article 68

The public prosecutors’ offices shall employ a certain number of executive civil servants, expert civil servants, expert-administrative civil servants and other employees who shall perform subsidiary-technical and administrative duties.

Article 69

Secretary General shall be appointed at the Public Prosecutor’s Office of the Republic of Macedonia.

The Secretary General shall manage the Expert Service of the Public Prosecutor’s Office and shall assist the Public Prosecutor of the Republic of Macedonia in the performance of his duties in the public prosecutor’s department.   

Article 70

The Public Prosecutor’s Office which employs more than seven deputes of public prosecutors shall have a Sector Manager who shall manage the work of the Expert Service in the Public Prosecutor’s Office.

The Sector Manager shall assist the Public Prosecutor in the performance of his duties in the public prosecutor’s department.

Article 71

The Secretary General of the Public Prosecutor’s Office of Republic of Macedonia may be a graduated lawyer who fulfils the general conditions stipulated by the Law on Employment in State Institutions, with passed Bar exam and more than seven years of practice in legal matters after the Bar exam has been passed.

The Sector Manager in the Public Prosecutor’s Office may be a person who fulfils the conditions of paragraph 1 of this Article and has had practice in legal matters of more than three years after passing the Bar exam.

Article 72

A Councilor at the Basic and Higher Public Prosecutor’s Office may be a graduated lawyer who fulfils the general conditions stipulated by the Law on Employment in State Institutions, with passed Bar exam and three years of practice in legal matters after the Bar exam has been passed.

A Councilor at the Public Prosecutor’s Office of the Republic of Macedonia may be a person who fulfils the conditions of paragraph 1 of this Article and has been practicing in legal matters for more than seven years after passing the Bar exam.

Article 73

A Senior Assistant at the Basic and Higher Public Prosecutor’s Office may be a graduated lawyer who fulfils the general conditions stipulated by the Law on Employment in State Institutions, with passed Bar exam and two years of practice in legal matters after the Bar exam has been passed.

A Senior Assistant at the Public Prosecutor’s Office of the Republic of Macedonia may be a person who fulfils the conditions of paragraph 1 of this Article and has been practicing in legal matters for more than five years after passing the Bar exam.

Article 74

Assistant at the Basic and Higher Public Prosecutor’s Office may be a graduated lawyer who fulfils the general conditions stipulated by the Law on Employment in State Institutions, with passed Bar exam, and at the Public Prosecutor’s Office of the Republic of Macedonia, apart from the abovementioned conditions, he shall have more than three years practice in legal matters after the Bar exam has been passed.

Article 75

A Junior Legal Assistant or Apprentice at the Public Prosecutor’s Office may be a graduated lawyer who fulfils the general conditions stipulated by the Law on Employment in State Institutions.

Law Apprentices at the Public Prosecutor’s Office shall be employed in Basic and Higher Public Prosecutor’s Offices and shall be appointed to perform different tasks and duties in order to obtain practice in all work areas.

After passing the Bar exam, the Law Apprentice at the Public Prosecutor’s Office shall be appointed to a position of a Legal Assistant.

The Law Apprentice at the Public Prosecutor’s Office who after completing the practice period of two years fails to pass the bar exam within a period of one year shall lose his/her position as a Law Apprentice at the Public Prosecutor’s Office.

Article 76

The Rulebook on Organization and Systematization of the Tasks and Duties shall determine the number of civil servants and other staff at the Public Prosecutor’s Offices, the particular conditions that are to be fulfilled for the purpose of employment and the tasks and duties to be performed.

Article 77

For performance of certain administrative, financial, operational, handling and supplementary tasks and duties, the Public Prosecutor’s Office in agreement with other institutions may establish General Services or assign staff who shall perform these tasks and duties of common interest.

7. MEANS FOR WORK

Article 78

Means for work of the Public Prosecutor’s Offices shall be provided from the Budget of the Republic of Macedonia via the budget user – the Public Prosecutor’s Office of the Republic of Macedonia.

The Basic and Higher Public Prosecutor’s Offices shall be financed via the budget user as referred to in paragraph 1 of this Article.

The Ministry of Finance which proposes the part of the Budget of the Republic of Macedonia allocated for the Public Prosecutor’s Offices is obliged to submit the proposal to the Public Prosecutor of the Republic of Macedonia for opinion before it is voted on and passed in the Parliament of the Republic of Macedonia.

The opinion from paragraph 2 of this Article shall obligatorily be submitted to the Parliament of the Republic of Macedonia along with the proposal for the part of the Budget of the Republic of Macedonia allocated for the Public Prosecutor’s Offices.

Article 79

The Public Prosecutor’s Office of the Republic of Macedonia shall prepare a unique budget calculation on the basis of the calculations submitted by the Basic and Higher Public Prosecutor’s Offices and the Public Prosecutor’s Office of the Republic of Macedonia.

The unique budget calculation for all the public prosecutor’s offices and the explanation for the amount of the requested means shall be submitted by the Public Prosecutor’s Office of the Republic of Macedonia to the Ministry of Finance.

Before submitting the proposal for the Budget of the Republic of Macedonia to the Government of the Republic of Macedonia, the Minister of Finance shall harmonize this part of the proposal for the Budget of the Republic of Macedonia with the Public Prosecutor of the Republic of Macedonia.

The Public Prosecutor’s Office of the Republic of Macedonia upon prior consent by the Council of Public Prosecutors shall allocate the means approved with the Budget of the Republic of Macedonia by public prosecutor’s offices on the basis of measures and criteria.

Article 80

The means for work of the public prosecutor’s offices shall consist of means for salaries and allowances for the public prosecutors and deputies of public prosecutors; for salaries and allowances for the civil servants and other employees in the public prosecutor’s offices; for goods and services; for costs of procedure; for professional advancement of the public prosecutors, deputies and civil servants; for obtaining capital investments for maintenance of the buildings and the equipment of the public prosecutor’s offices.

Article 81

The salaries and other allowances for the Public Prosecutors and Deputy Public Prosecutors, as well as for the civil servants and other employees at the Public Prosecutor’s Offices shall be determined by Law.

Article 82

The spatial conditions, material means, equipment and other conditions for work of the public prosecutors shall be provided by the state.

The Government of the Republic of Macedonia shall pass a programme with a determined amount of funds for construction, reconstruction, maintenance of the buildings and equipment of the public prosecutor’s offices and shall closer determine their purpose.

The Ministry of Justice shall be responsible for the realization of the programme as referred to in paragraph 2 of this Article.

Article 83

Within the Public Prosecutor’s Office of the Republic of Macedonia an IT Centre shall be established with a database for the IT system of the public prosecutor’s offices.

The Ministry of Justice shall take care of the setting up and maintenance of the unique methodological and technological base of the IT system of the public prosecutor’s offices.

8. TRANSITIONAL AND FINAL PROVISIONS

Article 84

The appointed Public Prosecutors shall continue to perform their function until their mandate expires.

The Deputy Public Prosecutors, after the expiration of the mandate for which they have been appointed, shall be appointed without limitations to the duration of their mandate, in accordance with the provisions of this Law.

The procedure for appointment of public prosecutors and deputy public prosecutors shall commence six months prior to the expiration of the mandate for which they have been appointed.

Article 85

The Public Prosecutor of the Republic of Macedonia shall pass a Rulebook on the Internal Work of the Public Prosecutor’s Offices, a Rulebook on the Disciplinary Liability and Determining Unprofessional Performance and Unsatisfactory Results of the Public Prosecutors and the Deputies Public Prosecutors, a Rulebook on the Measures and Criteria for Allocation of the Funds from the Budget of the Republic of Macedonia by Public Prosecutor’s Offices and a Rulebook on the Evaluation Criteria for the Performance of the Public Prosecutors and the Deputy Public Prosecutors  within 60 days from the day this Law shall become effective.

The Minister of Justice shall pass a Rulebook on Determining the Amount of Allowances for “On Duty” Hours, a Rulebook on the Form and Procedure for Issuing and Confiscation of Official IDs, a Rulebook on the Appearance and Conditions under which the Toga is to Be Worn, as well as Acts which regulate the use of the special rights of public prosecutors and deputies public prosecutors within 60 days from the day this Law shall become effective.

The Council of Public Prosecutors shall be constituted within 30 days from the day when this Law shall become effective.

Article 86

The validity of the Law on the Public Prosecutor’s Office (“Official Gazette of the Republic of Macedonia”, no.80/92, 19/93 and 9/94 and 9/96) shall cease on the day of coming into force of this Law.

Article 87

This Law shall come into force on the eight day from the day of its publication in the “Official Gazette of the Republic of Macedonia”.