The Chief Prosecutor

Prosecutor

The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...

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Attorney General

In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...

) is an official who is charged with prosecuting cases at a national level in Hungary

Hungary

Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...

. The chief prosecutor is elected by qualified majority of the parliament to 6 year terms, has a fixed office budget, and has no government oversight. The office of chief prosecutor has evolved into a separate branch

Separation of powers

The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...

 of the government of Hungary since 1989.

History and function

The independent pillar status of the Hungarian public accuser's office is a unique construction, loosely modeled on the system Portugal introduced after the 1974 victory of the Carnation Revolution

Carnation Revolution

The Carnation Revolution , also referred to as the 25 de Abril , was a military coup started on 25 April 1974, in Lisbon, Portugal, coupled with an unanticipated and extensive campaign of civil resistance...

. The public accuser (attorney general) body has become the fourth column of Hungarian democracy only in recent times: after communism fell in 1989, the office was made independent by a new clausule XI. of the Constitution. The change was meant to prevent abuse of state power, especially with regards to the use of false accusations against opposition politicians, who may be excluded from elections if locked in protracted or excessively severe court cases.

To prevent the Hungarian accuser's office from neglecting its duties, natural human private persons can submit investigation requests, called "pótmagánvád" directly to the courts, if the accusers' office refuses to do its job. Courts will decide if the allegations have merit and order police to act in lieu of the accuser's office if warranted. In its decision No.42/2005 the Hungarian constitutional court declared that the government does not enjoy such privilege and the state is powerless to further pursue cases if the public accuser refuses to do so.

Organizational Structure

The prosecutor's bodies of the Republic of Hungary

• National level:
  • General Prosecutor's Office (Army Chief, the Military Appellate Prosecutor's Office, Central Detective Chief)
• regional level:
  • Appellate chief prosecution offices
  • Territorial Military Prosecutor's Office (General Prosecution power to operate them, covering several counties)
• provincial (municipal) level:
  • chief prosecution offices (Public Prosecutor's Investigator)
• local (capital district) level:
  • local (District) Public Prosecutors
  • The National Institute of Criminology for scientific and research body, the Hungarian Ügyészképző Centre and the profession by training in preparation.

The Supreme Public Prosecutor

The General Prosecutor's Office is located at the top of the prosecutor's bodies, based in Budapest here. departments, classes and groups of heads. Monthly official journal of the Public Prosecutor's Gazette.
The attorney general is under the direct supervision of:

• Cabinet Office
• Personnel, Development and Administration Department
• International and European Affairs Department
• International Class Self-Representation
• Department of Legal Self-Representation
• Economic Directorate
• Self-Control Unit

The criminal deputy attorney general under the direct supervision of:

• Detection and Surveillance Department Vádelőkészítési
• Special Affairs Department
• Criminal Affairs Department
• Prison Legal expenses of legal supervision and the Department of Self
• Department of Children and Youth Self-

The civil law and administrative law, Deputy Prosecutor General is under the direct supervision:

• Administrative Law Division
• Department of Private Law
• Computer and Information Division, Employment
• The military is under the direct supervision of Attorney General:
• Department of Military Affairs
• Independent Human Resource and Information Department
• Independent Financial and Accounting Department