Public prosecutor’s office
Like any jurisdiction, the Court is assisted by a Public Prosecutor’s Office, conducted by the King’s Attorney General. He performs the rote of Public Attorney at the Court and has a Secretariat. He is assisted in his duties by Prosecuting Attorneys chosen among the magistrates of the Court.
The King’s Attorney General carries out Public Ministry at Regional Audit Courts and send reports to the King’s Attorney General at the Court to inform him about the functioning of Public Prosecutor’s Office at the level of the RACs.
The rote of the Public Prosecutor’s Office operates in four ways :
In terms of accounting judgment :
- Issuing requests before the Court in view of submitting to it budgetary and financial discipline matters. It submits to the Court the operations assumed to have constituted de facto management. It requests the implementation of the fine provided for against the accountants if they fail to submit accounts within the deadline.
- Submitting the conclusions following the reports at the end of the provisional and final rulings established by the magistrates-rapporteurs.
- Coordinating and supervising the action of the Public Attorney’s Office and RCAs.
- Submitting motions for appeal, cassation and review.
In terms of budgetary and financial discipline :
- He appeals to the Court by means of requisitions either on his own initiative based on available information (court files, complaints, press articles, etc.), or at the request of the authorized authorities (internal or external).
- He submits his conclusions following the investigation reports drawn up by the Reporting Counselor.
- He attends judgment sessions and can issue new requisitions; he may also be represented by an Advocate-General.
Filing of appeals : Appeals against judgments given by the Court in the first instance, appeal in cassation against final judgments rendered on appeal by the Court, appeals for review if new facts are discoverd.
Coordination and supervision of the action of Public Ministry near the RACs.
Study and referral to the Minister of Justice of facts that appear such as to justify a criminal sanction, on his own initiative or at the request of the first president, so as to take the measures he deems appropriate; as he can, in the case of discovery of facts that may justify a disciplinary sanction, report these facts to the authority having disciplinary power with regard to the person concerned.