The Role of the Public Prosecutor in Relation to the Execution of Sanctions
Chapter IV
The Role of the Public Prosecutor in Relation to the Execution of Sanctions
Enforcing punishments
Rulings and decisions on criminal matters are enforced on the request of the state public prosecutor (Sects. 165, 197 and 222 CCP).
According to the law establishing the re-organisation of the prison administration, the public prosecutor is responsible for enforcing punishments and for treatment of prisoners. Furthermore, the general management and supervision of the institutions intended for enforcing punishments is carried out by the state public prosecutor. The latter may delegate the exercise of (these) attributions to a magistrate from the public prosecution’s office (Sects. 1, 2 and 3 Law of July 27, 1997).
Legal proceedings for the recovery of penalties and fines will be carried out in the name of the state public prosecutor, by the director of the land registration and estates department (Sect. 97 CCP). In the same way, the public prosecutor will enforce imprisonment as a substitute for the fine if, in spite of a warning, the fine has not been paid.
The public prosecutor is also competent to enforce community service to which an accused may be sentenced (Sect. 22 CC). The same applies to factory or business closure, publication of the decision establishing infringement, prohibition from carrying out certain occupations, prohibition from driving a motor vehicle, from possessing a weapon, from hunting as well as any possible accessory penalties (Sects. 7-33 CC).
He is also responsible for enforcing custodial sentences, life sentences and criminal imprisonment. The law provides that the enforcement of these punishments must be commenced within a certain period of time (Sect. 14 Act of July 26, 1986). The law also covers ways of enforcing custodial sentences, traditional enforcement of the whole of the sentence, fractional enforcement and semi-detention, prisoners’ leave, remission of the sentence, and dismissal on probation (Sect. 100 CC). The public prosecutor decides alone or on the majority agreement of a commission which includes, besides the public prosecutor or his representative, a judge and a magistrate from one of the public prosecutor’s offices (Sect. 12 Act of July 26, 1986).
Luxembourg law does not provide for the judge as institution for enforcing sentences. Administrative jurisdictions, created after a constitutional reform in 1996, are recognised as being competent to rule on proceedings for annulment brought by prisoners against decisions of the public prosecutor as regards enforcing sentences.
The public prosecutor is responsible for the upkeep of criminal records (Criminal Record Rules of December 14, 1976).
The prosecution takes on an advisory role within the framework of petition for mercy proceedings, kingly right of the Grand-Duke, and proceedings for the administrative withdrawal of a driving licence by the Ministry of Transport.
The Role of the Public Prosecutor in Relation to the Execution of Sanctions
Enforcing punishments
Rulings and decisions on criminal matters are enforced on the request of the state public prosecutor (Sects. 165, 197 and 222 CCP).
According to the law establishing the re-organisation of the prison administration, the public prosecutor is responsible for enforcing punishments and for treatment of prisoners. Furthermore, the general management and supervision of the institutions intended for enforcing punishments is carried out by the state public prosecutor. The latter may delegate the exercise of (these) attributions to a magistrate from the public prosecution’s office (Sects. 1, 2 and 3 Law of July 27, 1997).
Legal proceedings for the recovery of penalties and fines will be carried out in the name of the state public prosecutor, by the director of the land registration and estates department (Sect. 97 CCP). In the same way, the public prosecutor will enforce imprisonment as a substitute for the fine if, in spite of a warning, the fine has not been paid.
The public prosecutor is also competent to enforce community service to which an accused may be sentenced (Sect. 22 CC). The same applies to factory or business closure, publication of the decision establishing infringement, prohibition from carrying out certain occupations, prohibition from driving a motor vehicle, from possessing a weapon, from hunting as well as any possible accessory penalties (Sects. 7-33 CC).
He is also responsible for enforcing custodial sentences, life sentences and criminal imprisonment. The law provides that the enforcement of these punishments must be commenced within a certain period of time (Sect. 14 Act of July 26, 1986). The law also covers ways of enforcing custodial sentences, traditional enforcement of the whole of the sentence, fractional enforcement and semi-detention, prisoners’ leave, remission of the sentence, and dismissal on probation (Sect. 100 CC). The public prosecutor decides alone or on the majority agreement of a commission which includes, besides the public prosecutor or his representative, a judge and a magistrate from one of the public prosecutor’s offices (Sect. 12 Act of July 26, 1986).
Luxembourg law does not provide for the judge as institution for enforcing sentences. Administrative jurisdictions, created after a constitutional reform in 1996, are recognised as being competent to rule on proceedings for annulment brought by prisoners against decisions of the public prosecutor as regards enforcing sentences.
The public prosecutor is responsible for the upkeep of criminal records (Criminal Record Rules of December 14, 1976).
The prosecution takes on an advisory role within the framework of petition for mercy proceedings, kingly right of the Grand-Duke, and proceedings for the administrative withdrawal of a driving licence by the Ministry of Transport.
