4. Public prosecutors shall be subject to the same incompatibilities and
impediments as judges of the same rank and shall enjoy remuneration
appropriate to the nature and exclusivity of their work.
Article 188
(Immunities)
Public prosecutors may only be imprisoned after being charged when the infraction
is punishable with a prison sentence of more than two years, except in the case of
flagrante delito involving a felony punishable with the same sentence.
Article 189
(Attorney-General's Office)
1. The Attorney-General’s Office shall be the state body which represents the
state, specifically by conducting penal actions, defending the rights of
individuals and corporate bodies, defending the legality of the exercise of the
judicial function and overseeing legality in the instructional phase of
proceedings and in the implementation of penalties.
2. The Attorney-General’s Office shall enjoy administrative and financial
autonomy, under the terms of the law.
3. The Public Prosecutor’s Office, Supreme Judicial Council of the Public
Prosecutor’s Office and the Military Prosecutor’s Office shall be essential
bodies of the Attorney-General’s Office.
4. The Attorney General and Deputy Attorneys-General shall be appointed by
the President of the Republic on the recommendation of Supreme Judicial
Council of the Public Prosecutor’s Office for five-year terms of office which
may be renewed once.
5. The Assistant Attorneys-General shall represent the Public Prosecutor’s
Office before the Supreme Court, Constitutional Court, Court of Auditors and
other High Courts.
6. Assistant Attorneys-General shall be appointed by the President of the
Republic on the recommendation of Supreme Judicial Council of the Public
Prosecutor’s Office and the requirements shall be defined by law.
7. A report on the work of the Attorney-General’s Office shall be drawn up each
year, submitted to the National Assembly and forwarded to the other bodies
that exercise sovereign power.
Article 190
(Supreme Judicial Council of the Public Prosecutor’s Office)
72/93
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