ART 50: The Attorney General shall have authority over all the officials at the Office of the Public
Prosecutor within the jurisdiction of the Court of Appeal.
With regard to these magistrates, he/she shall have the same prerogatives as those granted to
the Minister of Justice in the previous Article.
All judicial police officials and officers shall be placed under the supervision of the Attorney
General. He/she may instruct them to collect any information he/she deems useful for the proper
administration of justice.
Section III - Powers of the State Counsel
ART 51: The State Counsel shall represent, in person or through his/her deputies, the Public
Prosecutor before the court to which he/she is attached, subject to provisions relat ing to representation
powers attributed to some civil servants by special laws.
He/she shall also represent, in person or through his/her deputies, the Public Prosecutor before the
Court of Assizes established at the seat of his/her attached court.
ART 52: The State Counsel shall receive complaints as well as reports and shall decide how to deal
with them.
He/she may decide, prior to his/her decision on initiating criminal proceedings and with the
approval of the parties, to resort to criminal mediation if he/she thinks that such a measure could repair
the damage caused to the victim, to put an end to the disorder resulting from the violation and contribute
to the reclassification of the offender.
However, such mediation may not in any case be applied to sexual offences, offences against
public property or felonies.
The State Counsel may personally carry out criminal mediation or delegate any part of the task
to a criminal mediator who, beforehand and in writing, will take and submit, to the State Couns el, an
oath to serve with “honour, probity and neutrality, and to keep, under all circumstances, confidentiality
with regard to the facts submitted to him/her.”
The criminal mediator shall help the parties in dispute to find a solution accepted by them, a nd
which must not be contrary to public order or morality. The criminal mediator shall ensure, where
necessary, that the commitments taken during the mediation are properly respected.
An attempt at criminal mediation must take place within 30 days after the mediator is seized. The
report attesting to the agreement and the mediator's report drawn up for that purpose shall be
forwarded forthwith to the State Counsel, who seizes the court in this regard for approval.
In case criminal mediation fails, the mediator shall send his/her report to the State Counsel who
ascertains whether or not criminal proceedings should be initiated.
Measures for the implementation of this Article shall be determined as necessary by a decree
adopted during the Council of Ministers.
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