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The Courts and the Office of the Attorney General

CHAPTER XIII THE COURTS AND THE OFFICE OF THE ATTORNEY GENERAL

ARTICLE 120

The function of administering justice springs from the people and is carried out on its behalf by the People's Supreme Court and the other courts which the law establishes.

The law establishes the main objectives of judicial activity and regulates the organization of the courts; the extension of their jurisdiction and competence; their authority and the form of exercising it; the standards that judges must meet, the manner in which they must be elected and the causes and methods for recalling them or for the cessation of their functions.

ARTICLE 121

The courts constitute a system of state bodies which are set up with functional independence from all other systems and they are only subordinated to the National Assembly of People's Power and the Council of State.

The People's Supreme Court is the foremost judicial authority and its decisions in this field are final.

Through its Governing Council it can propose and issue regulations; make decisions and enact norms whose fulfillment is compulsory for all courts and, based on their experience, it issues instructions which are also compulsory in order to establish uniform judicial practice in the interpretation and application of the law.

ARTICLE 122

The judges, in their function of administering justice, are independent and only owe obedience to the law.

ARTICLE 123

The sentences and other decisions of the courts, pronounced or enacted within the limits of their jurisdiction, must be obeyed and implemented by state agencies, economic and social institutions and citizens, by those directly affected and by those who do not have a direct interest in their implementation but have the only the duty to participate in it.

ARTICLE 124

For administering justice all courts function in a collegiate form and professional and lay judges participate in them with equal rights and duties.

The judicial functions assigned to lay judges, in view of their social importance, have priority over their usual occupation.

ARTICLE 125

The courts render an account of the results of their work in the manner and with the periodicity established by law.

ARTICLE 126

Judges can only be recalled by the body which elected them.

ARTICLE 127

The Office of the Attorney General of the Republic is the state body which has, as its fundamental objective, jurisdiction over the control and preservation of legality by ensuring that the Constitution, the law and other legal regulations are strictly obeyed by state agencies, economic and social entities and citizens; and representing the state in the promotion and exercise of public legal action.

The law determines the other objectives and functions as well as the form, duration and occasion in which the Office of the Attorney General exercises its power.

ARTICLE 128

The Office of the Attorney General of the Republic constitutes an organic unit which is only subordinated to the National Assembly of People Power and the Council of State.

The Attorney General of the Republic is given instructions directly from the Council of State.

The Attorney General of the Republic will handle the direction and control of all the work done by his office all over the country.

The bodies of the Office of the Attorney General are organized in a vertical manner all over the country. They are subordinate only to the Office of the Attorney General of the Republic and are independent of all local bodies.

ARTICLE 129

The Attorney General of the Republic and the assistant attorney generals are elected and subject to recall by the National Assembly of People Power.

ARTICLE 130

The Attorney General of the Republic renders an account of his work to the National Assembly of People's Power in the form and with the periodicity established by law.

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