The Sejm and the Senate both Act – a new law on the prosecutor’s office and the rules implementing the law – adopted in late January. According to prepared by the PiS deputies set from March 4 has come, among others, to connect the positions of minister and chief prosecutor’s office; more rights has to get the minister-attorney general. From April 4 to be abolished separate military prosecution.
– According to the president of this solution should help to increase the effectiveness of the state in protecting citizens – announced in the Communication Office of the President.
It was recalled that Andrzej Duda talked for a long time for carrying out this change, it says, “the authorities should take full responsibility for the prosecution of crimes,” according to the Constitution, which states, inter alia, that the government “ensure the internal security of the state and order public. “
Change, change, change
According to adjust the Attorney General has the right to obtain direct control prosecutor, issue orders, instructions and commands. PG may also ask the relevant departments to carry out operational activities, if they are in connection with the ongoing investigation. PG could also “particularly justified cases” put up security classification imposed by other institutions (currently only manufacturer of secret material may waive the clause, which was imposed).
The General Prosecutor’s Office is to be appointed State Prosecutor; in place of the appellate prosecutor’s offices – the regional prosecutor’s office. One of the provisions states that the date of entry into force of the Act expire terms prosecutors appointed to serve in units of the prosecutor general.
The National Prosecutor’s Office will be able to be carried out investigations into matters “of large body of evidence and complicated factual or legal” – regardless of their jurisdiction and in-kind, which will be decided by the Attorney General.
(Film – Parliament adopted a law ws. Connection as Minister of Justice and Attorney General / Source: Parliament / x-news)
At the level of PK function also has a Department of Internal Affairs, whose task will be to conduct preparatory proceedings in cases “the most serious criminal acts committed by judges, prosecutors and assessors.”
The project removes the currently applicable terms of office management functions in the prosecutor’s office. Assumed is the elimination of a separate military prosecutor. Will be maintained separateness IPN prosecutors (they work today in the vertical lustration and investigators pursuing Nazi and communist crimes).
(Film – “The Great power in one hands.” “The prosecutor will respond to the Sejm” / Source: TVN24 / x-news)
The current National Council of Public Prosecution to replace – composed exclusively of prosecutors – the National Council of Public Prosecutors at PG. Prosecutor disciplinary proceedings have become apparent. Explicit to be a prosecutor’s statements of assets.
It has been written that “does not constitute a disciplinary action or omission prosecutor taken solely in the public interest.” How – in response to the criticism of the opposition – pointed MS, the provision does not mean lack of accountability of prosecutors, because “in no way absolve the prosecutor of criminal responsibility.”
Criticism set
Changes criticized in the Sejm passed review the current Attorney General Andrzej Seremet; against the combined functions of MS and PG also told the National Judicial Council and the National Council of Public Prosecution. Combination of MS and PG negatively evaluated the addition and the President of the Supreme Court prof. Małgorzata Gersdorf. Against laws – during the parliamentary work – they were all caucuses.
During the reign of the PO-PSL for several years, work continued on the new Law on Prosecution. It was not however adopted by the then government. The current law dates from 1985. And has been amended many times.
The prosecutor’s office has been decoupled from the Ministry of Justice in 2009. – Attorney General Andrzej Seremet began office on 1 April 2010. The separation of these functions was the implementation of the electoral program of the OP. Chapter from the beginning criticized the PiS, indicating that the Minister through the prosecutor’s office should be able to influence the penal policy. Restoring a combination of these functions PiS heralded in the election campaign.
PAP / IAR / aj
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