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III.
JURISDICTION
The jurisdiction of
the Public Prosecution Office of the Republic of Macedonia is regulated
by the Constitution and the Public Prosecution Office Act (No.80
from 1992) and its amendments, the Criminal Procedure Act, and part
of the jurisdiction derives from the laws that regulate the civil,
executive, administrative procedure and the procedure in administrative
disputes, etc.
The public Prosecutor's
general right and duty is to prosecute criminals. Of crimes, which
are prosecuted ex officio, the Public prosecutor is competent:
- to take necessary
measures in relation of crimes and criminals and to direct the
preliminary procedure;
- to demand investigation;
- to enforce and
present the prosecution act i.e. prosecution proposal before the
competent court;
- to appeal against
court decisions which are not final and to propose extraordinary
remedies against final court decisions
- to conduct other
activities determined by this Code.
The Public Prosecutor
has jurisdiction in the framework of deferent legally regulated
procedures:
- to give its opinion
in the extraordinary legal remedies - revision in the civil procedure;
- to propose extraordinary
legal remedies - demands for protection of legality in the civil,
administrative, executive, and administrative dispute procedure;
- to act as a party
in the above mentioned procedures in the circumstances provided
by law;
- to conduct other
activities determined by this Code.
According to the Public
Prosecution Office Act article 17/1, the Public Prosecutor of the
Republic of Macedonia has a right to submit initiative to start
a procedure to decide on the conformity of laws with the Constitution
and the conformity of other regulations with the laws and the Constitution,
if this question appears in the activity of the Public Prosecutor.
(see
diagram)
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