Žilinka: None of the powers can tell the Attorney General how to proceed – SME.sk

BRATISLAVA. None of the legislature, the executive or the judiciary has the right to impose on the Attorney General how to exercise his or her statutory powers or how to proceed in a particular criminal case. The boss said on the social network Prosecutor General’s Office Maroš Žilinka.

He thus responded to the group of deputies of the National Council for SaS and OĽANOwho turned to Constitutional Court in connection with the use of the disputed section 363 of the Criminal Procedure Code by the Attorney General.

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According to Žilinek, the deputies based their proposal to declare the non-compliance of section 363 of the Criminal Procedure Code with the constitution on the assertion that the prosecutor’s office is part of the executive power, which was refuted by the Constitutional Court’s ruling.

“Therefore, there is no doubt that the Prosecutor’s Office in the Slovak Republic is not part of the executive power, as the petitioners incorrectly claim, who also attach to this statement the nature of the decisive starting point for the alleged non-compliance of the challenged Criminal Procedure Code with the Constitution of the Slovak Republic,” Žilinka stated.

According to Žilina, the subject of the decision of the Constitutional Court will not be a review of the manner in which paragraph 363 is applied, but a review and decision of whether or not the contested provision of the Criminal Procedure Code is in accordance with the Constitution.

A group of deputies of the National Council for SaS and OĽANO turned to the Constitutional Court in connection with the use of the disputed paragraph 363 Deputies want to know whether the way in which the Prosecutor General Žilina uses the provision is in accordance with the Constitution. Alojz Baránik (SaS), MP, informed about it on Friday.

The disputed section allows the Attorney General to annul a valid decision of the Prosecutor or a police officer if such a decision or in the proceedings that preceded it violated the law.