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CRIMINAL
DEPARTMENT
STRUCTURE:
Five deputies of the Public Prosecutor of the Republic of Macedonia
and one assistant in the Public Prosecution Office of the Republic
of Macedonia.
COMPETENCE:
- Reviewing the submitted
initiatives from the competent parties in the criminal procedure
for submission of the Request for protection of legality, extraordinary
legal remedy that according to article 403 of the Criminal Procedure
Act can be submitted only by the Public Prosecutor of the Republic
of Macedonia, because of violation of the Criminal Code or the procedure
in a courts decision in power. If the Public Prosecutor of the Republic
of Macedonia finds a violation of the above mentioned kind he/she
submits to the competent court a Request for protection of legality
and he/she represents it on the sessions of the Supreme court of
Macedonia.
- Reviewing the submitted
initiatives from the competent parties in the mesdemeanor procedure
for submission of the Request for protection of legality, extraordinary
legal remedy that according to article 75 of the Misdermeanor Act
can be submitted only by the Public Prosecutor of the Republic of
Macedonia, because of violation of the material code or the procedure
in a courts decision in power. If the Public Prosecutor of the Republic
of Macedonia finds a violation of the above mentioned kind he/she
submits to the competent court a Request for protection of legality
and he/she represents it on the sessions of the Supreme court of
Macedonia.
- Gives opinions for
the submitted Request for extraordinary relief of the punishment,
extraordinary legal remedy which the competent parties in the criminal
procedure are submitting when after the empowerment of the verdict
circumstances appear that did not existed when the verdict was reached
or the court was not aware of them although they existed, and they
would obviously lead to a lower punishment. According to article
401 of the Criminal Procedure Act if the proceedings were conducted
on request of the public prosecutor, the Supreme Court of Macedonia
before reaching a decision will request opinion from the Public
Prosecutor of the Republic of Macedonia.
- Gives opinion for
the submitted requests for extraordinary reviewing of a verdict
in power, extraordinary legal remedy which the sentenced with imprisonment
or imprisonment for minors may submit because of certain violations
of the Criminal Code or the procedure with the verdict in power.
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