Judiciary reform, Prosecutors complain about law that gives their competences to Judges

19/12/2017 17:54

The Constitutional Court is reviewing the Union of Prosecutors for one of the most important laws of the judiciary reform, Law 35 of 2017, which makes important amends to the Criminal Code.

One of these amends gives Courts the competence to decide if the Prosecution should take a case to court or not.

The Union of Prosecutors says that this damages the independence of the Prosecution, giving Court attributions that are recognized to the Prosecution, by Constitution.

But Parliament representatives have another opinion.

“If prosecutors act alone and without control from the court, they could make non-transparent and irresponsible decisions that would damage the public’s and victim’s interest”, Parliament representatives said.

If the law stays the same, Prosecutors fear that the Special Prosecution Against Corruption (SPAC) which will be established to investigate political and judiciary corruption, will have a court filter before the process hasn’t started yet.

A single judge will decide if an investigation that has taken months of work will go to trial or not.

Prosecutors question the sincerity of lawmakers for fighting corruption.

The Constitutional Court heard both parties and withdrew for a decision.

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