The prosecutor, who will be able to investigate prosecutor №1, will also be able to check his deputies for reports of violations. This decision was made by the MPs today by adopting the amendments to the Code of Criminal Procedure at second reading.
The prosecutor in question or his deputy will have the opportunity to assign individual investigative actions to an investigator from the Investigation Department of the Specialized Prosecutor’s Office.
Judicial control is introduced over possible refusals to initiate pre-trial proceedings against prosecutor №1 or his deputy. The decree of refusal could be appealed to the Special Court within 7 days of receiving the transcript. The appellate instance will be the Appellate Specialized Criminal Court, and the cassation instance will be the Supreme Court of Cassation.
The special prosecutor will be nominated by at least six members from across the SJC, the prosecution and the panel of judges. Magistrates will also be able to nominate themselves for the position. The public prosecutor will be elected by at least 15 of the 25 votes of SJC members. In the event that no one receives the required number of votes, there will be a run-off between the two candidates with the greatest support.
The term of office of the Special Prosecutor will be 5 years, as such he will be able to be appointed with at least 12 years of experience, with the status of irremovability, with high professional and moral qualities, with a positive complex assessment „very good“ since the last attestation. No disciplinary sanction was imposed for 5 years.
