STATUTUL DE MAGISTRAT AL PROCURORULUI
MAGISTRATE STATUS OF THE PROSECUTOR

Summary/Abstract: This paper examines a topical issue and also very sensitive that exists in the Romanian judicial system and that is to establish the status of prosecutor. Always around this problem have hovered questions about the membership of the prosecutor in the judiciary or executive power in a state of law, through the relevant legal provisions in this matter, the principles under which it operates and the nature of its duties. Answers to all questions were argued both ways, answers that the prosecutor is a magistrate and answers that do not confer this status. They were based on national legislation, sometimes incomplete, the European Convention on Human Rights and the European Court of Human Rights. The role of the prosecutor in the judicial system is very important as it contributes greatly to the administration of justice by overseeing criminal investigations carried out by the judicial police, conducting his own criminal investigations, supporting criminal cases before the court, asking for punishment for people who commit offenses, under the law, participating in civil cases, provided by law, the main objective is to represent the general interests of society and defending the rule of law, rights and freedoms of the people. Regarding the Public Ministry, it exercises its powers through prosecutors attached to courts, under the law, it is an institution established and governed constitutionally, along with the courts and the Superior Council of Magistracy, it can be considered a basic institution of the state. In this paper there are analyzed in turns, the following: history and evolution of the concept of a magistrate, prosecutor institution and its status, both in terms of legislation and in terms of his duties.

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