They may, in the performance of the duties under Articles 41 and 42, directly require the
assistance of the law enforcement.
ART 45: They may be called upon by the Public Prosecutor, the investigating judge, the Justice of the
Peace with extended jurisdiction and judicial police officials to assist them.
ART 46: They shall submit the official reports prescribed under Articles 41 and 42 to their superiors,
who will forward them to the Public Prosecutor or the Justice of the Peace with extended jurisdiction.
CHAPTER III - THE PUBLIC
PROSECUTOR Section I –
General Provisions
ART 47: The Public Prosecutor shall initiate criminal proceedings and formally requests
the application of the law.
He/she shall be represented before each criminal court.
He/she shall ensure the enforcement of court decisions.
The Public Prosecutor shall be bound to make written submissions in conformity with the
instructions he/she receives under the conditions set out in Articles 48 and 4 9.
Section Il - Powers of the Attorney General
ART 48: The Attorney General shall represent, in person, or through his/her deputies, the Public
Prosecutor before the Court of Appeal and before the Court of Assizes, subject to provisions relating to
the representation powers attributed to some civil servants by special laws.
The Attorney General shall ensure that criminal law is applied throughout the jurisdiction of the
Court of Appeal.
To this end, each State Counsel and Justice of the Peace with exte nded jurisdiction shall report
to him/her every month on the state of affairs in their various jurisdictions.
Within the jurisdiction of a Court of Appeal, the Attorney General may submit a motion to the first
President of the Court of Appeal for the appointment of an investigating judge responsible for
investigating all felonies or misdemeanours which have been reported to him/her, even when
committed outside his/her jurisdiction. The First President shall rule by court order.
He/she may also request referral to any investigating judge to continue a criminal investigation
begun by another magistrate from whom he/she requests the criminal investigation should be
withdrawn.
In this case, the withdrawal and referral decision shall be taken by the Indictment Chamber. This
court decision may not be subject to an appeal on points of law.
The Attorney General shall have the right, in the performance of his/her duties, to directly request
the assistance of law enforcement.
ART 49: The Minister of Justice may report, to the Attorney General, any offence against criminal law of
which he/she is aware, require him/her to initiate or order criminal proceedings, or to seize the
competent court with such written submissions as the Minister considers appropriate.
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