TITLE EIGIIT

THE OFFICE OF THE PUBLIC PROSECUTION OF THE SLOVAK REPUBLIC

AND THE PUBLIC DEFENDER OF RIGIITS

Section One

THE OFFICE OF THE PUBLIC PROSLCUTION OF THE SLOVAK REPUBLIC

Article 149

Public prosecution shall protect rights and interests protected by law of natural and legal persons and of the State.

Article 150

The Office of the public prosecution shall be headed by the Attorney General who shall be appointed and recalled by the President of the Slovak Republic on the proposal of the National Council of the Slovak Republic.

Article 151

Further details of the appointment, recall, powers and duties of public prosecutors, as well as the structure of the public prosecution shall be laid down by a law.

Section Two

PUBLIC DEFENDER OF RIGHTS

Art. 151a

(1)  The Public Defender of Rights is an independent body which in the scope and in manner laid down by a law shall participate in the protection of the fundamental rights and freedoms of natural persons and legal persons in the proceedings, decision making or inactivity of public administration bodies, if their proceedings, decision making or inactivity is inconsistent with legal order or with principles of a democratic state and rule of law.

(2)  The Public Defender of Rights shall be elected by the National Council of the Slovak Republic from among candidates proposed by at least 15 Members of Parliament for a term of five years. As Public Defender of Rights may be elected any citizen of the Slovak Republic, who is eligible for election as a Member of Parliament and has attained the age of 35 by the date of election. A Public Defender of Rights cannot be a member of a political party or a political movement.

(3)  The function of Public Defender of Rights shall terminate on the day of finality of a judgement, by which the Public Defender of Rights was convicted  of a wilful criminal offence or by which he or she was convicted of a criminal offence and in his or her case the court did not decide on a probationary suspension of the imprisonment sentence, or he or she lost eligibility for election.

(4)  The National Council of the Slovak Republic may recall Public Defender of Rights if his or her long-term health condition, for at least three months, does not allow him or her to duly perform the duties following from the function.

(5)  Details on the election and recall of the public defender of rights, on the scope of powers of the Public Defender of Rights, on the conditions of discharging of the function, on the manner of legal protection and on asserting rights of natural persons and legal persons shall be laid down by a law.