Task, Jurisdiction and Organisational Structure of the

Public Prosecutor’s Office

The Law on the Public Prosecutor’s Office for Prosecuting Criminal Offences Related to and Arising from the Content of the Illegally Intercepted Communication (hereinafter the Law) governs, inter alia, the establishment, the competencies, the responsibilities and the organizational structure of the Special Prosecutor’s Office.

In its conduct, this Public Prosecutor’s Office is guided by the principle of equality of citizens before the Constitution and the laws of the Republic of Macedonia, striving to increase the confidence of the citizens in the judicial system through a transparent and independent operation, which is guaranteed by the autonomy of this Public Prosecutor’s Office.

The main task of this Office in the judicial system of the Republic of Macedonia is to investigate and prosecute the criminal offences related to and arising from the content of the illegally intercepted communication.

The unauthorized interception is defined as unauthorized interception of all communications conducted in the period from 2008 to 2015, including, but not limited to, audio recordings and transcripts handed over to the Public Prosecutor’s Office of the Republic of Macedonia prior to July 15th, 2015.

Initially, the Special Public Prosecutor’s Office has been given a mandate of five years from the moment the Law enters into force. The mandate can be extended once a year with a decision adopted with a supermajority.

The head Public Prosecutor who runs the Office is authorized to undertake actions and bring cases before the Courts of First Instance, Appelate Courts, and the Supreme Court of the Republic of Macedonia. The Public Prosecutor running the Public Prosecutor’s Office has exclusive competence and power to independently carry out all the investigative and prosecutorial functions of the Public Prosecutor’s Office.

All evidence of criminal offences which are outside the powers and jurisdiction of the Public Prosecutor for Prosecuting Criminal Offences Related to and Arising from the Content of the Illegally Intercepted Communication, or are relevant to existing criminal cases shall be handed over to the Public Prosecutor of the Republic of Macedonia and to the prosecutor who is leading the case.

In terms of the judicial system, the Special Prosecutor’s Office in the Republic of Macedonia is organized in accordance with the principle of autonomy, which is explained in greater detail in Chapter VI of the Law. Hence, no public prosecutor in the Public Prosecutor’s Office of the Republic of Macedonia, including the Public Prosecutor of the Republic of Macedonia, can influence its work or demand reports on the cases of the Public Prosecutor or the public prosecutors in the Prosecutor’s Office. The Prosecutor’s Office can take over the cases that fall within its competence in any stage of the proceedings, i.e. independently claims jurisdication. The Public Prosecutor managing the Special Prosecutor’s Office answers to the Assembly of the Republic of Macedonia and the Council of Public Prosecutors.

The principle of autonomy also applies to the financing of the Prosecutor’s Office, hence the Public Prosecutor’s Office of the Republic of Macedonia, the Ministry of Finance and the Assembly of the Republic of Macedonia cannot change the financial plan prepared by the Special Prosecutor’s Office and are obliged to incorporate it in the Budget of the Public Prosecutor’s Office of the Republic of Macedonia.

The Public Prosecutor independently manages the work of the Prosecutor’s Office and delegates work and assignments and is responsible for timely and proper fulfillment of all duties (Special Public Prosecutor).

The Special Public Prosecutor is elected without a job advertisement by the Council of Public Prosecutors, at the suggestion of the Committee on Election and Appointment Issues of the Assembly of the Republic of Macedonia, with a prior consent of the four political parties with a supremajority in the Assembly of the Republic of Macedonia.

The Assembly first supports the candidate for public prosecutor with a two-thirds majority, including a majority of the votes of the MPs who belong to the non-majority communities, then submits it to the Council of Public Prosecutors of the Republic of Macedonia, which also adopts decisions with a two-thirds majority. The Special Public Prosecutor has a four-year term of office with a right to re-election.

The Public Prosecutor’s Office for Prosecuting Criminal Offences Related to and Arising from the Content of the Illegally Intercepted Communication is organized applying the principles of hierarchy and subordination. The role of a public prosecutor in this Prosecutor’s Office is perfomed by the head Public Prosecutor who is managing the Public Prosecutor’s Office and the elected public prosecutors in the Public Prosecutor’s Office.

The public prosecutors who assist the Special Public Prosecutor are elected by the Council of Public Prosecutors at the suggestion of the Special Public Prosecutor. The Special Public Prosecutor appoints two deputies who will assist him/her in his/her managerial work in order to carry out satisfactory work in a timely manner.

The public prosecutors who assist the Special Public Prosecutor have no right to make orders or charges, but have the right to represent the Special Public Prosecutor before the competent court. The public prosecutors assigned to the Public Prosecutor’s Office answer only to the Special Public Prosecutor who is responsible for the evaluation of their work.

The staff of the Special Prosecutor’s Office includes investigators, experts, profesional and administrative staff. In line with the conceptual organizational set-up of this Public Prosecutor’s Office based on the autonomy granted by the law to independently investigate the criminal offences related to and arising from the content of the illegally intercepted communication, a need existed to form a team of investigators which will assist the Special Public Prosecutor and the team of public prosecutors. The team of investigators is comprised of police officers from the Ministry of Interior and the Financial Police Directorate, as well as expert associates who are involved in the team of investigators of this prosecution.

The professional and administrative staff is comprised of professional staff and persons who carry out technical and auxiliary works. Considering the sensitive character of the work and the work tasks performed by the employees, their status is legally regulated. The work of the professional staff of this Public Prosecutor’s Office is based on the principles of legality, professionalism, expertise and competence, responsibility, efficiency, professional ethics, impartiality and objectivity, confidentiality, prevention of conflicts of interest, economy and respect for the principle of hierarchy.