The Prosecution Office is the judicial authority conducting within the frameworks of its competence laid down by the legislative acts the independent supervision over the consistency with a law.
The task of the Prosecution Office is to respond to a law violation and ensure resolving of a relevant case according to the procedures provided for by the legislative acts.
According to the “Law on the Prosecution Office” of 19 May 1994 the Prosecution Office is the unified, centralised judicial authority composed according to the three-level institutional system principles, its head is Prosecutor General, but task – to respond to a law violation and ensure resolving of a relevant case according to the procedures provided for by the law.
The follow-up over the functioning of the Prosecution Office units is performed by Prosecutor General, who accordingly with the allocated public funding must set up also its internal structure and staff-roll.
The Prosecution Office shall:
supervise the compliance of the preliminary investigation and intelligence activities, reconnaissance and counterintelligence processes of the national security institutions and of the system for protection of the state secret with legislative acts;
conduct a pre-trial investigation;
institute and conduct a criminal prosecution;
prosecute on behalf of the State;
supervise an execution of punishments;
protect the rights and legitimate interests of persons and the State in accordance with the procedures laid down by the Law;
submit a complaint or a motion to the Court in cases provided for by the Law;
take part in the court hearings in cases provided for by the Law.
The legislative power has the following indirect effect towards the Prosecution Office as judicial authority:
- functioning of the Prosecution Office is governed by the Law adopted by Saeima;
- Prosecutor General is appointed by Saeima;
- Saeima upon adopting the law on the public budget lays down the amount of funding to be granted to the Prosecution Office;
- Saeima has rights to request Prosecution Office to conduct the examination of facts implying a law violation;
- Prosecutor General has obligation to notify Saeima about any disclosed material violations of law having a national significance.
In its turn Prosecutor General has rights to be present at Saeima sessions and by consent of Saeima to give opinion in matters directly related with the work of the Prosecution Office.
The executive power has the following indirect effect towards the Prosecution Office:
- the Cabinet of Ministers shall lay down the procedures for granting of certain social guarantees for Prosecutors and their arrangements;
- the executive power within its competence is supervising the compliance with governing legal acts in certain areas, for example, fire safety standards;
- the Cabinet of Ministers has rights to request Prosecution Office to conduct the examination of facts implying a law violation;
- the Cabinet of Ministers lays down the salary thresholds for employees of the Prosecution Office and system of wages for employees of the institutions being under supervision of the Prosecution Office;
- Prosecutor General has obligation to notify the Cabinet of Ministers about any disclosed material violations of law having national significance.
In its turn Prosecutor has rights to lodge a protest regarding legal acts adopted by the Cabinet of Ministers and public governance institutions or by their officials, if such acts are inconsistent with the Law. Prosecutor General and Head Prosecutors of the departments of the Prosecutor General’s Office have rights to be present at sessions of the Cabinet of Ministers and present opinions regarding matters under discussion, compliance of the legislative acts with Satversme (Constituion) and laws. Additionally if Prosecutor General has found an inconsistency of the legal acts of the Cabinet of Ministers with Satversme and laws, Prosecutor General may lodge a motion with the Constitutional Court.
Each year Prosecutor General of the Republic of Latvia shall present the public report on performance results of the Prosecution Office and outline the working guidelines for the next year. The report of Prosecutor General must be published in the official gazette “Latvijas Vēstnesis”.
Every Prosecutor, while examining the specific cases, shall take decisions independently and individually, basing on own certitude and legislative acts according to the principles of equality of persons before the law and the Court, presumption of innocence, truth and lawfulness.
Prosecutor shall be independent in his/her activities from any influence of other public and administrative institutions or officials and shall comply only with law. Lawful requests of Prosecutor are binding to all persons within the territory of the Republic of Latvia.
Prosecutor’s position is not compatible with the membership in parties or other political organizations. In the premises of the Prosecution Office institutions are prohibited any political meetings, picketing or other actions.