Legal Acts in English

The High Prosecutorial Council is an autonomous state authority that ensures and guarantees independence of the public prosecution, Supreme Public Prosecutor, heads of public prosecutors' offices and public prosecutors.

The High Prosecutorial Council shall propose to the National Assembly election and termination of the term of office of the Supreme Public Prosecutor, appoint the acting Supreme Public Prosecutor, elect the heads of the public prosecutors' offices and public prosecutors and decide on the termination of their terms of offices, decide on other issues relating to the status of the Supreme Public Prosecutor, heads of public prosecutors' offices and public prosecutors and perform other competences laid down by the Constitution and the law.

The High Prosecutorial Council shall have 11 members: five public prosecutors elected by the heads of prosecutors' offices and public prosecutors, four prominent lawyers elected by the National Assembly, the Supreme Public Prosecutor and the Minister in charge of the judiciary.

The Minister in charge of the judiciary shall not vote in the procedure of determining disciplinary responsibility of a public prosecutor.

The election of the members of the High Prosecutorial Council among the public prosecutors shall be regulated by the law.

In the course of electing the public prosecutors to the High Prosecutorial Council, account shall be taken of the broadest representation of the public prosecutors.

The National Assembly shall elect four members of the High Prosecutorial Council among the prominent lawyers having at least ten years of experience in the legal profession, among eight candidates proposed by the competent committee of the National Assembly, following a public competition, by a two-thirds majority vote of all the deputies, in accordance with the law.

In case that the National Assembly fails to elect all the four members within the time limit laid down by the law, the remaining members shall be elected, following the expiry of the legally determined time limit, among all the candidates fulfilling the conditions for election, by the commission comprising of the President of the National Assembly, President of the Constitutional Court, President of the Supreme Court, Supreme Public Prosecutor and the Protector of Citizens, by a majority vote.

The head of the public prosecutor's office may not be elected to the High Prosecutorial Council.

The member of the High Prosecutorial Council elected by the National Assembly must be worthy of that function.

The member of the High Prosecutorial Council elected by the National Assembly may not be a member of any political party.

Other conditions for election and incompatibility with the function of a member of the High Prosecutorial Council elected by the National Assembly shall be regulated by the law.

A member of the High Prosecutorial Council shall be elected for a period of five years.

The same person may not be re-elected to the High Prosecutorial Council.

The High Prosecutorial Council shall have the President and the Vice-President.  The President of the High Prosecutorial Council shall be elected by the High Prosecutorial Council among the members who are public prosecutors, and the Vice-President shall be elected among the members elected by the National Assembly, for a period of five years.

Prior to the expiry of the term for which he/she is elected, the term of office of a member of the High Prosecutorial Council shall be terminated upon his/her request or in case that he/she is convicted of a criminal offence punishable by imprisonment of six months at the least. The term of office of the member who is a public prosecutor shall also be terminated upon the termination of the term of office of the public prosecutor, and the term of office of a member who is not a public prosecutor shall also be terminated in case of disability for performance of the function of a member of the High Prosecutorial Council.

The decision on termination of the term of office of a member of the High Prosecutorial Council shall be passed by the High Prosecutorial Council. Appeals shall be permitted against the decision with the Constitutional Court, which shall exclude the right to a constitutional appeal.

Appeals shall be permitted against the decisions of the High Prosecutorial Council with the Constitutional Court, in the cases prescribed by the Constitution and the law. An appeal lodged with the Constitutional Court shall exclude the right to submission of a constitutional appeal.

The members of the High Prosecutorial Council may not be held responsible for the opinions provided in relation to performance of the function of the members of the High Prosecutorial Council and for voting on occasion of passing of the decisions of the High Prosecutorial Council.

The members of the High Prosecutorial Council may not be deprived of liberty without an approval by the High Prosecutorial Council in the proceedings initiated due to the criminal offence committed by them as members of the High Prosecutorial Council.