Article 59 of Judicial Organisation Law

The Public Prosecution is indivisible, and any of its members shall act in place of the others, unless the law provides that a particular act or specified procedure falls within the competence of the Public Prosecutor, the Advocate General or the Chief Prosecutor. Article 60 (4) All members of the Public Prosecution shall be subordinate to the Public Prosecutor. The Public Prosecutor shall be subordinate to the Minister of Justice, except as regards competence relating to any matter concerning (1) The article was amended by Law No. 10 of 1996 (2) The article was added by Law No. 10 of 1996 (3) The article was amended by Law No. 10 of 1996 (4) The article was amended by Law No. 10 of 1996 Law Index 714 Home Page Judicial Organization Law Decree-Law No. 1990/23 concerning Judicial Organization criminal proceedings, particularly matters relating to instituting, conducting, investigating, disposing of and prosecuting such proceedings. Chapter Two: Appointment and Promotion of Members of the Public Prosecution Article 61 (1) Appointment to the position of Public Prosecutor shall be by decree upon the submission of the Minister of Justice, following approval by the Supreme Judicial Council, from among members of the judiciary whose rank is not lower than counsellor, or members of the Public Prosecution of equivalent rank who have spent not less than ten years in that rank. Appointment to this position shall be for four years from the date of appointment, renewable for one term or for the remaining periods until the prescribed retirement age, whichever is earlier. A person whose term of appointment expires shall return to judicial work according to his seniority ranking before appointment to this position. Appointment to the position of First Advocates General shall be from among members of the judiciary whose service is not less than twenty-five consecutive years, including at least ten years in the position of counsellor or equivalent rank, without prejudice to each person's seniority ranking upon appointment to the judiciary. Appointment shall be by decree upon the submission of the Minister of Justice, following approval by the Supreme Judicial Council. Appointment to other Public Prosecution positions and promotion thereto shall be by decree upon the submission of the Minister of Justice, following approval by the Supreme Judicial Council, except for appointment to the rank of Deputy Prosecutor (c), which shall be by decision of the Minister of Justice after obtaining the opinion of the Public Prosecutor and the approval of the Supreme Judicial Council. The Deputy Prosecutor (c) shall be placed on probation and may be dismissed by decision of the Minister after obtaining the opinion of the Public Prosecutor if he is shown to be unfit to discharge the duties of his position. He shall be considered confirmed upon promotion to the higher position, and the probationary period shall count towards his service. All conditions of appointment prescribed for the judiciary and set out in Article (19) of this Law shall apply to members of the Public Prosecution. Article 62 (2) Before assuming their duties, members of the Public Prosecution shall take the following oath: I swear by Almighty God to perform the duties of my office faithfully and honestly and to respect the country's laws and regulations. The Public Prosecutor shall take the oath before His Highness the Amir and in the presence of the Minister of Justice. The other members of the Public Prosecution shall take this oath before the President of the Supreme Judicial Council in the presence of the Public Prosecutor. Article 63 (3) The transfer of members of the Public Prosecution to the judiciary and the transfer of judges to the Public Prosecution shall be by decree upon the submission of the Minister of Justice, following approval by the Supreme Judicial Council. The transfer of members of the Public Prosecution from one prosecution office to another shall be by decision of the Public Prosecutor. (1) The first paragraph was added by Decree-Law No. 68 of 2025 (2) The article was amended by Law No. 2 of 2003 (3) The article was amended by Law No. 10 of 1996 715 Home Page Law Index Judicial Organization Law Decree-Law No. 23 of 1990 concerning Judicial Organization Chapter Three: Discipline of Members of the Public Prosecution