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State prosecutors

The first appointment to the Public Prosecution Service magistracy is made in the category of State Prosecutor, for the posts, preferably of general competence, identified by the High Council of the Public Prosecution Service (article 155(1) of the Statute of the Public Prosecution Service/SPPS).

It is incumbent on the State Prosecutors («Procuradores da República») to represent the PPS at the first instance courts, at the courts of general jurisdiction, specialized jurisdiction, proximity and courts of broader territorial jurisdiction (articles 18(1)(c)  and 83(1) of the SPPS) and Law No. 62/2013 of 26 August 2013). It is also incumbent upon him to represent the PPS in the district administrative courts, tax courts and administrative and tax courts.

In statutory terms they further hold office:

— as directors at DCIPs County District Prosecutors’ Offices [articles 86(2) and 159 of the SPPS];

— as section director of the DCPIs [articles 86(3) and 158(1) of the SPPS] ;

— as coordinator of the Country District Prosecutor's Office [articles 73(3) and 162(1) of the SPPS];

— as lead prosecutor in the prosecution offices [article 158 of the SPPS];

— at the Central Department of Criminal Investigation and Prosecution/CDCIP [articles 57(2), 164(2) of the SPPS];

— at the Regional Departments of Criminal Investigation and Prosecution [articles57(2), 164(2) of the SPPS];

— at the DCIPs County District Prosecutors’ Offices [article 86(1) of the SPPS];

— at the Inspection of the Public Prosecution Service [article 169(1) of the SPPS];

— at the Consultative Council of the Prosecutor General’s Office [article 170(1)(4) of the SPPS];

— as director and as member of the Central Department of State litigation and Collective and Diffuse Interests [articles 62 and 165(1) of the SPPS];

— as director of the Technologies and Information Systems Department [article 166(1) of the SPPS];

— as director of the Department of Judicial Cooperation and International Relations [articles 54(5) and 167(1) of the SPPS];

— as director and member of the National Coordination Offices [articles 55(4) and 168 of the SPPS];

— at the first instance courts [articles 8(1)(c), and 82 of the SPPS];

— assisting and advising the Regional Deputy Prosecutor General's Offices [article 67(8) 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 Regional Deputy Prosecutor General in charge of the respective judicial district. However, whenever justified, they may take office before another entity [article 182(1)(d)),(2) 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 110(6) of the SPPS].

 

See:

Members of the Public Prosecution Service’s seniority list as of 31 December 2018