The Chief Prosecutor of the Judicial Section position, at the Prosecutor’s Office attached to the Targu Mures Court of Appeal, for the period of 2017-2022

Abstract

The normative framework for exercising the position of chief prosecutor of the Judicial Section at the Prosecutor's Office attached to the Court of Appeal includes the regulation of both judicial and administrative duties. The regulation of the judicial duties must be known for two reasons. First, the position of Chief Prosecutor of the Judicial Section is not entirely administrative. It also has judicial duties, as long as the Chief Prosecutor of the Judicial Section participates in the trial of criminal and civil cases, according to the law. Then, the administrative duties are exercised over the judicial duties of the prosecutors with executive positions. Therefore, we note that the duties of the chief prosecutor of the Judicial Section are of two types: judicial and administrative. The judicial duties, belonging to the executive position (specific for the case of a trial prosecutor), are: participation in the trial of cases, declaration of appeals, examination of situations of non-unitary application of the law and analysis of acquittal, restitution to the prosecutor's office and referral to the prosecutor, solutions. The administrative duties, belonging to the management position (specific to chief prosecutor), are: organization, management and control of the activity of prosecutors with executive positions.

In the present study, I propose to seek the way in which both the administrative and the judicial duties of the chief prosecutor of the Judicial Section, at the Prosecutor's Office attached to the Targu Mures Court of Appeal, were implemented, for the period of 2017-2022.