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District prosecutors

They occupy the intermediate hierarchical level within the magistracy of the Public Prosecution Service (PPS), and the filling of the respective vacancies is made by transfer or by promotion from among deputy district prosecutors [article 121(1) of the Statute of the Public Prosecution Service/SPPS].

It is incumbent on the District Prosecutors («Procuradores da República») to represent the PPS at the first instance courts [article 4(1/c) of the SPPS] and to exercise the powers laid down in article 63 of the SPPS.

According to the law that makes provision for the regime on the judicial system organization (Law No. 62/2013 of 26 August 2013), the district prosecutors may also hold office at the circuit administrative courts and at the tax courts, as well as at the extended territorial competence courts — i.e. the Intellectual Property Court, the Competition, Regulation and Supervision Court, the Maritime Court, the Supervision Court, the Central Examining Judges’ Court —, at the central jurisdiction sections [sections specialised in civil, criminal and examining matters, as well as in family and minors, labour, commerce and recovery matters], at the local jurisdiction sections [generic competence sections (in civil, criminal and petty crime matters) and proximity sections] operating since 01.09.2014 at the first instance courts [articles 10(1/c), 81, 83(3), 148], and as Co-ordinators at the County District Prosecutors’ Offices (article 99).

In statutory terms they further hold office:

— at the District Deputy Prosecutors General’s Office [article 58(3) of the SPPS]

— at the Departments of Criminal Investigation and Prosecution/DCIPs, by leading those with seat in the counties [articles 72(3), 122 of the SPPS]

— at the Central Department of Criminal Investigation and Prosecution/CDCIP [articles 46(2), 123 of the SPPS]

— at the Consultative Council of the Prosecutor General’s Office (article 128 of the SPPS)

— at the Inspection of the Public Prosecution Service [article 132(1) of the SPPS]

They can further assist the deputy prosecutors general at the Supreme Court of Justice (Law No. 2/98 of 8 January 1998), at the Supreme Administrative Court and at the Central Administrative Courts [article 52(2) of the Statute of the Administrative and Tax Courts).

As a rule, they take office before the District Deputy Prosecutor General in charge of the respective judicial district. However, whenever justified, they may take office before another entity [article 142(c),(e)of the SPPS).

They are granted the same rank, treatment and honours as those of the judges seating at the courts where they hold office, and they use the same professional attire [article 90(4) of the SPPS).

 

See:

Members of the Public Prosecution Service’s seniority list as of 31 December 2017