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Deputy district prosecutors

Being the lowest hierarchic level, it is the rank through which the entry into the magistracy of the Public Prosecution Service (PS) is made and which is acceded to entry after successfully attending the courses/training periods at the Centre for Judicial Studies [articles 114, 115, 119 of the Statute of the Public Prosecution Service (SPPS)].

Formerly named assistants to the district prosecutors, the deputy district prosecutors («Procuradores-Adjuntos») represent the PPS at the first instance courts [articles 4(1/c), 64(2) of the SPPS).

They hold their post in judicial counties, at the Departments of Criminal Investigation and Prosecution/DCIPs and at the Consultative Council of the Prosecutor General’s Office [articles 64(1), 120, 128 of the SPPS], being substituted as laid down in article 65 of the Statute.

In accordance with the law that defines the judicial system organisation regime (Law No. 62/2013 of 26 August 2013), the deputy district prosecutors hold their office at the county administrative courts and at the tax courts, 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].

As a rule, they take office before the corresponding district prosecutor or before the District Deputy Prosecutor General. However, whenever justified, they may take office before another entity [article 142(d),(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