The Attorney General of the State(Spanish: Fiscal General del Estado), or also, Prosecutor General, is the head of the Public Prosecutor's Office (Ministerio Fiscal), the independent body within the Judiciary,[1] that is tasked with promoting the operation of justice in defence of the rule of law, defending citizens’ rights, defending the public interest, with protecting the independence of the courts and with ensuring the public interest is satisfied through the courts.[2]
The Prosecutor General is a civil servant, appointed and dismissed by the King, after a process that includes a nomination by the Government, a hearing before the General Council of the Judiciary and an appearance before the Congress to evaluate their suitability (although approval by Congress is not required). That is, the three powers of State participate in the appointment. The candidate must be a Spanish jurist of recognised prestige and with more than fifteen years effective exercise of their profession.[3]
The term of the Prosecutor General is a maximum of four years and may not be renewed (except where they have held the position for less than two years) and in any event terminates when the Government completes its term. They can not be removed from office except for as defined by law (disability or serious illness, serious or repeated breach of duties, and other prohibitions).[4]
Functions
According to the law of the Public Prosecutor's Office:
The funcions of the Public Prosecutor (Attorney General) include:[2]
ensuring that the judicial function is performed effectively in accordance with the laws and within the stipulated time limits through the necessary actions, appeal procedures and other measures;
acting in the criminal process by ensuring that the judicial authority takes the appropriate precautionary measures and carries out investigations aimed at establishing the facts;
acting in civil proceedings specified by law that affect the public interest or the interests of minors, the disabled or the underprivileged until the normal representation mechanisms are provided;
performing the functions assigned to them by the relevant legislation in cases involving the criminal liability of minors, in order to serve the best interests of the minor.
Public Prosecutor's Office
The Office of the Public Prosecutor is an assistant body of the Public Prosecutor. It consists of the following bodies:
The Prosecution Inspection
Performs inspection powers by permanent delegation of the Attorney General of the State, without prejudice to the functions of ordinary inspection of the Superior Prosecutions and the inspection functions of the Chief Prosecutors with respect to the Prosecutors who depend on them. Inside of the Prosecution Inspection there is a Permanent Section of Valuation to centralize the information on merit and capacity of the Prosecutors in order to give support to the Prosecution Ministry's Council when reporting discretionary appointments of the Prosecutor Career.
Attorney General Office's Headquarters
The Technical Secretariat
Through its studies, investigations and reports, it is a constant support body for the Attorney General, to exercise the superior leadership of the Public Prosecution Ministry, also carrying out the preparatory work for the Joint of Prosecutors. Collaborates in the planning of the training of the Prosecutors whose competence is attributed to the Center for Legal Studies and assumes the functions that in the field of international legal cooperation the law attributes to the Public Prosecution.
The Support Unit
Performs representation work and institutional relations with public authorities, as well as communication and attention to the citizen. It is responsible for the analysis and preparation of reports related to the organization and operation of the Public Prosecution Ministry in matters of statistics, information technology, personnel, material means, information and documentation. In general, it carries out functions of support and assistance to the Prosecutor General, to the prosecutors assigned to the Prosecution Ministry, to the Prosecution Ministry's Council and to the Joint of Prosecutors who do not correspond to the Inspection or to the Technical Secretariat.
The Special Prosecutors
Prosecutor for Violence against Women
Prosecutor for Environment and Urbanism
Prosecutor for the Protection and Reform of Minors
^Mancha, periodicoclm.es | Periódico de Castilla-La. "Leopoldo Garrido Cavero: socialista conquense y fiscal de la República". periodicoclm.es | Periódico de Castilla-La Mancha (in European Spanish). Retrieved 2018-09-13.
Notes
^He held the position previously, at some point impossible to pinpoint exactly in 1843.
^It is unknown until what time he held the position. In April 1939, the Franco government approved an order that definitively separated him from the career along with other magistrates.
Bibliography
Public Prosecution Act (Organic Law 50/1981) (in Spanish). Agencia Estatal Boletín Oficial del Estado. 30 December 1981. Retrieved 5 June 2024.
"Types of legal professions-Spain". European e-Justice Portal. European Commission. Retrieved 31 May 2024.
