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August 12, 2024
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Independence of the Public Prosecutor’s Office is fragile in a law, they say

Independence of the Public Prosecutor's Office is fragile in a law, they say

The independence of the Public Prosecutor’s Office (MP) could be destroyed with the approval of a law that would take less than two months to amend, if the protection of the Public Prosecutor’s Office contained in Article 174 of the Magna Carta is removed from the Constitution.

This was stated by the member of the Superior Council of the Public Prosecutor’s Office, Judge Merlin Mateo, who said that the aforementioned independence must be maintained within the spheres of protection of the Magna Carta.

He said that if the constitutional power is removed from the functions of the Public Prosecutor’s Office and included in a law, it opens up space to more easily modify the functions of the Ministry, such as the appointment of general prosecutors of courts of appeal and public prosecutors, as well as prosecutors.

“The progress achieved in the performance of the Public Prosecutor’s Office must remain out of the reach of political power, whose decisions can be changed and subjected to the Council’s decisions,” he said, while participating in the radio program El Sol de los Sábados.

The Public Prosecutor’s Office adviser said that the guarantor of independence is the Council because it acts as a counterweight, and he believes that, with the elimination of independence and autonomy, the Attorney General of the Republic could become a monarch.

He indicated that the importance of maintaining the protection of the Superior Council of the Public Prosecutor’s Office in the Magna Carta is that to modify the constitutional text, the convening of all the forces of the country is required, through representation in the National Congress.

He says that members of the Council were not heard

The representative of the auditors before the Council maintained that, in the preparation of the draft constitutional reform prepared by the Executive Branch to submit to the National Congress, the members of the Superior Council of the Public Prosecutor’s Office were not heard.

“The elimination of the Council would completely destroy independence and autonomy, and could turn the Attorney General of the Republic into a monarch,” he said.

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