The Public Prosecutions Office of the Macao Special Administrative Region ("Macao SAR") of the People's Republic of China is the only judicial organ in the Macao SAR that exercises a prosecutorial function. Its responsibilities include representing the Macao SAR in court, initiating criminal prosecutions, and safeguarding legality and legal rights. Moreover, under specific situations defined in the procedural laws, the Public Prosecutions Office oversees the implementation of the Basic Law of the Macao SAR. The Public Prosecutions Office is an autonomous agency and exercises its functions independently and free from any interference. Its independence and autonomy are limited by the criteria of legality and objectivity of the Public Prosecutions Office, and the instructions and guarantees contained in other laws that prosecutors must strictly adhere to. Furthermore, the organisational structure, responsibilities and operations of the Public Prosecutions Office are clearly defined by law.
The Prosecutor General is the head and representative of the Public Prosecutions Office, and is appointed by the Central People's Government on the nomination of the Chief Executive. Other prosecutors are nominated by the Prosecutor General and appointed by the Chief Executive.
Article 56 of the Judicial Organisation Framework Law stipulates the responsibilities and powers of the Public Prosecutions Office, including specific tasks involving criminal proceedings, civil proceedings, administrative proceedings and legal affairs. They comprise of four areas:
(a) Leading and monitoring criminal investigations.
(b) Initiating and ensuring criminal proceedings.
(c) Protecting civil rights.
(d) Monitoring enactment of laws.
Based on the stipulations of procedural laws and judicial tradition, the Public Prosecutions Office adopts a single organisational structure, with stationed offices at three levels of the court system: the Court of Final Appeal, the Court of Second Instance and the Court of First Instance (the Primary Court and the Administrative Court). They perform duties on behalf of the Public Prosecutions Office.
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