The Attorney General of the State ''(')'', or also, Prosecutor General, is the head of the
Prosecution Ministry (''Ministerio Fiscal''), the body with functional autonomy in the Judiciary,
that has constitutionally been entrusted with the promotion of the action of the justice in defense of the legality, protecting citizens rights and the public interest, and ensuring the independence of the courts and to seek the satisfaction of the social interest.
The Attorney General is appointed and dismissed by the
King
King is the title given to a male monarch in a variety of contexts. The female equivalent is queen, which title is also given to the consort of a king.
*In the context of prehistory, antiquity and contemporary indigenous peoples, the tit ...
, at the proposal of the
Government
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
, after hearing the
General Council of the Judiciary
The General Council of the Judiciary ( es, Consejo General del Poder Judicial, CGPJ) is the national council of the judiciary of Spain. It is the constitutional body that governs all the Judiciary of Spain, such as courts, and judges, as it i ...
. The candidate also needs to appear before the
Congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
to evaluate its suitability but it does not need its approval. Therefore, for its appointment it needs the participation of the three powers of State. The candidate must be a Spanish jurists of recognized prestige and with more than fifteen years of effective exercise of their profession.
The term of the Attorney General is 4 years and may not be renewed, except in cases in which the holder had held the position for a period of less than two years. He can not be removed from his position unless he requests it, for incurring any of the incompatibilities or prohibitions established in this Law, in case of disability or illness that disqualifies him for the position, for serious or repeated breach of his duties or when the Government that has proposed him finish its term.
[Law 50/1981, of December 30, which regulates the Organic Statute of the Prosecution Ministry.](_blank)
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Functions
According to the law of the Public Prosecution Ministry:Official page of the Attorney General Office
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* To coordinate and direct Attorney General Office's action.
* To ensure the independence of judges and courts.
* To give orders and instructions to prosecutors according to its position as head of the Prosecution Ministry.
* To propose to the Government the appointments for the different positions, following a report of the Prosecution Ministry's Council.
* To propose to the Government promotions according to the reports of said Council.
* To grant the licenses that are within your jurisdiction, according to the provisions of this Statute and its Regulations.
* To report to the Government through the Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
.
** If the Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
consider it necessary can go directly to it.
** In exceptional cases, it can be called to report before the Council of Ministers.
* To send reports annually to the Cortes Generales
The Cortes Generales (; en, Spanish Parliament, lit=General Courts) are the bicameral legislative chambers of Spain, consisting of the Congress of Deputies (the lower house), and the Senate (the upper house).
The Congress of Deputies meets ...
and the General Council of the Judiciary
The General Council of the Judiciary ( es, Consejo General del Poder Judicial, CGPJ) is the national council of the judiciary of Spain. It is the constitutional body that governs all the Judiciary of Spain, such as courts, and judges, as it i ...
about his activity, evolution of criminality, crime prevention and the moreappropriate reforms for greater effectiveness of Justice.
* To resolve the petitions in defense of the public interest by the Autonomous Communities
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.
* To authorize or deny agreements between the autonomous communities and the different organs of the Prosecution Ministry.
* To dissolve Prosecutors Associations when this ones incur in activities contrary to the law or that exceed the framework of the Statutes
Attorney General's Office
The Office of the Attorney General is an assistant body of the Attorney General of the State. From him depends the following bodies:
* The Prosecution Inspection
** Performs inspection powers by permanent delegation of the Attorney General of the State, without prejudice to the functions of ordinary inspection of the Superior Prosecutions and the inspection functions of the Chief Prosecutors with respect to the Prosecutors who depend on them. Inside of the Prosecution Inspection there is a Permanent Section of Valuation to centralize the information on merit and capacity of the Prosecutors in order to give support to the Prosecution Ministry's Council when reporting discretionary appointments of the Prosecutor Career.
* The Technical Secretariat
** Through its studies, investigations and reports, it is a constant support body for the Attorney General, to exercise the superior leadership of the Public Prosecution Ministry, also carrying out the preparatory work for the Joint of Prosecutors. Collaborates in the planning of the training of the Prosecutors whose competence is attributed to the Center for Legal Studies and assumes the functions that in the field of international legal cooperation the law attributes to the Public Prosecution.
* The Support Unit
** Performs representation work and institutional relations with public authorities, as well as communication and attention to the citizen. It is responsible for the analysis and preparation of reports related to the organization and operation of the Public Prosecution Ministry in matters of statistics, information technology, personnel, material means, information and documentation. In general, it carries out functions of support and assistance to the Attorney General of the State, to the Prosecutors assigned to the Prosecution Ministry, to the Prosecution Ministry's Council and to the Joint of Prosecutors who do not correspond to the Inspection or to the Technical Secretariat.
* The Special Prosecutors
** Prosecutor for Violence against Women
** Prosecutor for Environment and Urbanism
** Prosecutor for the Protection and Reform of Minors
** Prosecutor for Workplace Accidents
** Prosecutor for Traffic Safety
** Prosecutor for Immigration
** Prosecutor for International Criminal Cooperation
** Prosecutor for Computer Crimes
List of attorneys general
; Status
See also
* Prosecution Ministry
*General Council of the Judiciary
The General Council of the Judiciary ( es, Consejo General del Poder Judicial, CGPJ) is the national council of the judiciary of Spain. It is the constitutional body that governs all the Judiciary of Spain, such as courts, and judges, as it i ...
*Judiciary of Spain
The Judiciary of Spain consists of Courts and Tribunals, composed of judges and magistrates (Justices), who have the power to administer justice in the name of the King of Spain.
Law
The Spanish legal system is a civil law system based on compr ...
*Justice ministry
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a v ...
*Minister of Justice (Spain)
The Ministry of Justice (MJUS) is the department of the Government of Spain responsible for preparing and carrying out the government policy in order to bring the legal system off, specially in criminal, civil, commercial and procedural law affa ...
*Public Prosecutor (Autonomous Communities of Spain) The Office of the Public Prosecutor was created in the Autonomous communities of Spain by Royal Decree 1754/2007 of December 28 (BOE of December 31, 2007).
Autonomous communities
Andalusia
The Office of the Public Prosecutor of Andalusia is mo ...
References
Notes
{{Authority control
Judiciary of Spain
Attorneys general of Spain