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Corporate Body - Fiscalía del Tribunal Supremo (España)

Fiscalía del Tribunal Supremo (España)

Identification

Type:

Corporate Body

Preferred form:

Fiscalía del Tribunal Supremo (España)

Fechas de Existencia:

1870-09-15

History:

The Organic Law on Judicial Power dated 1870 provided that the Department of Public Prosecutions be in charge of promoting the enactment of Justice with regard to public interest and of representing the Government in terms of its link with the Judicial Power. By the Prosecution Laws of 1881 and 1882, it will be involved both in criminal and civil proceedings, while equated with the Attorney of the State and considered as a party thereto. The rule that regulates the criminal procedures sets it in a special position, which can be distinguished from the other parties. The procuratorial service is established as an autonomous career by Royal Decree of 21 June 1926, establishing its first Statute, which lays down similar definitions to the one in the Organic Law of 1870. The Department of Public Prosecutions is entrusted the government representation in its relations with the Judicial Power and the surveillance of the compliance with the laws, by promoting the enactment of Justice to defend public interest for the maintenance of law and order and the satisfaction of social interest. The legal framework for the State created upon the civil war sets the Department of Public Prosecutions in a peculiar position, as a link between the Administration and the Courts of Justice. The establishment of democracy and its legal embodiment in the 1978 Constitution, in line with the new spirit of that time, assigns the Department of Public Prosecutions the mission of promoting the enactment of justice on behalf of the legality, the civil rights and the public interest under the law, striving for the satisfaction of social interest before the Courts. Meanwhile, it is set as an autonomous institution within Judicial Power, which acts through its own bodies (organic autonomy) without depending on the General Council of Judicial Power (functional autonomy). It is no longer regarded as a link between the Government and the Courts, and the government unit is dissolved, since the Government will only be able to require from the Department of Public Prosecutions enactment in terms of the defense of public interest, whereas the Prosecutor-General of the State, after the hearing of the Board of Divisional Prosecutors, will freely decide about its viability or origin. The public prosecutor's office of the Supreme Court exercises its functions before the Supreme Court, which the highest judicial body at all levels and has jurisdiction all over Spain. Parallel to the structure of the Supreme Court, the public prosecutor's office of the Supreme Court was split into departments which carried out their duties before the Court Chambers: Civil, Criminal, Administrative, Social and Military. The deputy public prosecutor of the Supreme Court manages and coordinates delegated by the Prosecutor-General of the State, the ordinary activities of such office. It is also staffed by district public prosecutors and public prosecutors of the Supreme Court. Its most characteristic competency is the dispatch of extraordinary appeals against verdicts issued at lower levels.

Mandates/Legal Sources

Description:

Ley Orgánica del Poder Judicial publicada el 15 de septiembre de 1870

Ley de Enjuiciamiento Criminal, publicada en la Gaceta de Madrid el 17 de septiembre de 1882

Ley de Enjuicimiento Civil, publicada en la Gaceta de Madrid el 21 de febrero de 1881

Sources

PARES: Código de Referencia: 28079.AHN/2.2.2//

Related Authorities

Associative relations :

Pérez González, Blas (1898-1978)  (It has as a member)

Rodríguez de Miguel, Luis (1910-1982)  (It has as a member)

Tribunal Supremo (España)  (La Fiscalía del Tribunal Supremo ejerce sus funciones ante el Tribunal Supremo que es el órgano judicial superior en todos los órdenes)

Documents

Producer of:

  • Archivo Histórico Nacional  (16704)

Related documents:

  • Archivo Histórico Nacional  (1)