BRIEF COMMENTS ON THE ORGANIZATION OF THE PUBLIC MINISTRY Cover Image
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SCURTE CONSIDERAŢII PPRIVIND ORGANIZAREA MINISTERULUI PUBLIC
BRIEF COMMENTS ON THE ORGANIZATION OF THE PUBLIC MINISTRY

Author(s): Viorel-Gabriel Teliceanu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Public Ministry; judicial authority; prosecutors; independence.

Summary/Abstract: The Public Ministry has a fundamental role in the realization of justice. It was established by the Romanian Constitution, as a part of judicial authority, which is made up of prosecutors organized in prosecutor's offices. At the moment, the organization of the Public Ministry is regulated by Law no.304/2004. According to it, the principles that lead the prosecutors activity are the principle of legality, impartiality and hierarchical control principle. The main responsibilities of the Public Ministry, exercised by prosecutors, consist in carrying out criminal prosecution in the cases and conditions stipulated by law, management and supervision of the criminal investigation activity of the police authorities, courts notification for trial of criminal cases, according to the law, the exercise of civil action, in cases provided by law, participation to the Court sessions, and appeals against judgments. The Public Ministry consists of the High Court of Cassation and Justice Prosecutor's Office, Courts of Appeal Prosecutor's Offices, High Courts Prosecutor’s Offices, Court of Justice Prosecutors' Offices and Military Prosecutor’s Offices. Although not part of the institutions within the national system of public order and national security, Public Ministry's activity is closely related to police activity, with the common, major objective of combating crime. Public Ministry is perfectible, and, in perspective, I appreciate that it must strengthen its independence in relation to other state powers, and in particular when it comes to the executive power exercised by the Minister of Justice.

  • Issue Year: 2016
  • Issue No: 01
  • Page Range: 878-885
  • Page Count: 8
  • Language: Romanian