Prosecution organs

(Organic Law N°15/2006 OF 24/03/2006)

"In Ordinary Courts, Investigation and prosecution of offences shall be conducted by the office of the Prosecutor General of the Republic as well as the Prosecution at the Lower Instance level and the Prosecution at the Higher instance level

Article 8:           

The Office of the Prosecutor General of the Republic shall comprise of the Prosecutor General of the Republic, the Deputy Prosecutor General of the Republic and at least five (5) Prosecutors with jurisdiction over the whole country.

 Article 9:           

The Prosecutor General of the Republic and the Deputy Prosecutor General of the Republic shall be elected by the absolute majority votes of the members of the Senate.

They are elected from among two (2) candidates for each post submitted by the President of the Republic after consultation with Cabinet. Their term of office shall be of (5) years renewable only once.

They shall be appointed by a Presidential Decree within a period of eight (8) days of their election.

They shall be suspended or removed from their offices by the President of the Republic.   

Article 10:         

The Prosecutors with jurisdiction over the whole country shall be appointed by a decree of the Prime Minister from a list of candidates submitted by the Supreme Council of the Prosecution.

Their functions can be terminated by a decree of the Prime Minister upon request of the Supreme Council of the Prosecution.   

Article 11:         

In order to be to be appointed the Prosecutor General of the Republic, the Deputy Prosecutor General of the Republic or a Prosecutor with jurisdiction over the whole country, a person must:

1 ° hold at least a bachelor's degree in Law;

2° have a certificate indicating that he or she passed exams relating to the judicial career from a national school of law;

3° have a working experience of at least eight (8) years in a legal field if he or she holds a bachelor's degree in Law and at least five (5) years if he or she holds a doctorate degree in Law;

4° be of irreproachable morals and conduct; not be characterized by any sectarianism and discrimination tendencies;

6° be impartial and independent minded. 

Article 12:         

The Prosecutor General of the Republic and the Deputy Prosecutor General of the Republic shall take the oath of office before the President of the Republic in the presence of members of Parliament.

Prosecutors with jurisdiction over the whole country shall take the oath of office before the Prime Minister.   

Article 13:        (Organic Law N°15/2006 OF 24/03/2006)

The Prosecution at the Lower Instance level shall comprise at least one Prosecutor, the Prosecution at Higher Instance level shall comprise the Prosecutor heading the prosecution at Higher Instance level and at least five Prosecutors (5) at that level, and other necessary qualified staff for the smooth running of the activities of the Prosecution service.  

Article 14:        (Organic Law N°15/2006 OF 24/03/2006)

The Prosecutor in charge of Prosecution at Higher Instance level, Prosecutors at that level and Prosecutors at Lower Instance level are appointed and removed from office by a Prime Minister’s order upon request by the Supreme Council of the Prosecution  

Article 15:        Organic Law N°15/2006 OF 24/03/2006)

In order to be appointed as Prosecutor in charge of the Office of the Prosecutor at Higher Instance level or as a Prosecutor at that level, the candidate shall:

1° hold at least a bachelor’s degree in law;

2° have a certificate indicating that he or she passed exams relating to the Judicial or prosecution career from a government recognised institute;

3° be of irreproachable morals and conduct;

4° not be characterised by any sectarianism and discrimination tendencies;

5° be impartial and independent minded.

Without prejudice to the provisions of paragraph one of this article, the candidate for the Prosecutor heading the Prosecution at Higher Instance level is required to have a working experience of at least five (5) years in the legal field   

Article 16:        (Organic Law N°15/2006 OF 24/03/2006)

The Prosecutor in charge of Prosecution at Higher Instance level, Prosecutors at that level and Prosecutors at Lower Instance level shall take oath before the Prime Minister before they begin duties