RULES FOR COOPERATION BETWEEN PUBLIC PROSECUTORS AND POLICE
Pursuant to Paragraph 1 of Article 64 of the Public Prosecutor's Office Act and Articles 5, 6 and 8 of the Police Act, the Public Prosecutor General and the Director General of the Police hereby issue the following
FOR COOPERATION BETWEEN THE POLICE AND
THE PUBLIC PROCECUTOR'S OFFICE ON DETECTING AND PROSECUTING THE PERPETRATORS OF CRIME
I. BASIC PROVISIONS
This Professional Instruction regulates cooperation between the police and the public prosecutor's office, especially the notification of public prosecutors and police officers and the directing of police work.
With the intention of ensuring effective detection and subsequent prosecution of the perpetrators of crime, the police and public prosecutors shall cooperate on detecting crime and finding the perpetrators thereof.
Police officers shall generally be obliged to inform public prosecutors of all matters where there is suspicion that a crime has been committed.
The public prosecutor may direct the work of the police. When the public prosecutor does not assume the directing of work, the police shall act independently, within the scope of legal authorisations they are granted for the purposes of detecting perpetrators and crimes, and may, within this scope, use all legal measures.
The directing of the pre-trial procedure shall encompass:
- provision of expert opinion on issues of substantive and procedural law
- issuing instructions and proposals for gathering information and evidence on legally-relevant facts that need to be established in the pre-trail procedure
- participation by the public prosecutor in procedural actions and other assignments in the pre-trial procedure.
The police shall inform the public prosecutor of the following:
a) immediately upon detecting that a crime has been committed that requires an inspection or other investigative action; on the basis of the information provided by the police officer working on the case the operations and communications centre shall notify the on-duty district public prosecutor's office
b) within 3 days of receiving information indicating that a crime has been committed, is being committed, is being prepared or organised, the criminal investigator working on the case shall notify the head of the district public prosecutor's office or the person appointed by the head of district public prosecutor's office
c) within 3 days of receiving information indicating that a commercial offence punishable by five years in prison or more has been committed or is being committed, the criminal investigator working on the case shall notify the head of the district public prosecutor's office or the person appointed by the head of the district public prosecutor's office
d) no later than 30 days of a report having been filed with the police by an individual or legal entity by sending a copy of the report if filed in writing or, if made verbally, the minutes or an official record of the filed report; in this case the police shall continue with their activities until the public prosecutor decides otherwise
e) in case of other criminal offences when police officers act under Article 148 of the Criminal Procedure Act (hereinafter: ZKP), by filing criminal charges or reports.
The notification from points a, b and c shall be made, as a rule, verbally, from points d and e in writing.
Police officers shall keep the public prosecutor informed of the measures carried out in the procedure of collecting evidence whenever the following measures need to be carried out:
- detaining a suspect under Article 157 of the ZKP
- bringing a suspect before an investigative judge
- carrying out the necessary investigative action of interrogating witnesses under Article 166 of the ZKP
- performing house searches or carrying out other necessary investigative measures.
Police officers shall, as a rule, inform the public prosecutor verbally and, if sending a written proposal to the investigative judge, in one copy of the proposal.
A report indicating that the perpetrator of a crime is a police officer or a public prosecutor, or a note of receiving such a report or a complaint against the actions of the police in terms of paragraph 4, Article 148 of the ZKP or a complaint against a public prosecutor shall be immediately forwarded by the police to the competent district public prosecutor's office.
The public prosecutor shall treat the matter as priority and shall issue the necessary guidelines for work.
If no criminal charges have been filed, within 30 days of the actions in question the police shall report to the public prosecutor on the following:
a) seizure of items
b) house searches
c) crime scene searches
d) conclusions of requested expert work
e) other conclusions of work ordered by the investigative judge.
Immediately on being informed about a seizure of items of considerable value or whose storage creates considerable cost, the public prosecutor shall decide whether these items shall be kept or returned to the people entitled to them.
Police officers shall at least once a month inform the public prosecutor of their work on pressing charges, except when such a report has been requested and delivered earlier.
If criminal charges were filed by the police or by other persons and the police collected evidence in connection with same, the state prosecutor shall notify the police with an order of a decision to dismiss the charges.
As a rule, police officers shall inform the public prosecutor verbally; this can also be done by using technical means of communication or in writing. The public prosecutor and the police shall ensure that records of messages are kept.
III. DIRECTING POLICE WORK
Once a month, as a rule, representatives of police directorates, police stations, district public prosecutor's offices and the special task public prosecutors team shall meet in a working session to discus the issues concerning the directing of pre-trial procedure. Other important issues relating to the detection and proving of crimes shall also be discussed at these sessions.
At least once a year, a larger meeting of the heads of district public prosecutor's offices, the head of the special task public prosecutors team, directors of police directorates and the directors of the criminal investigative police, general police directorate and police directorates shall take place where current issues concerning mutual cooperation shall be discussed.
The meeting shall be organised by the Public Prosecutor General and the Director General of the Police.
A criminal investigator or the head of the police unit may in connection with the case he is working on consult the competent public prosecutor, who shall be obliged to provide professional assistance.
If the public prosecutor refuses to assist the criminal investigator or the head of the police unit, then they shall inform their superior who shall in turn inform the head of district public prosecutor's office who shall take appropriate action. Where the provisions of this Instruction are violated repeatedly, the Public Prosecutor General shall be informed and shall ensure that appropriate action in keeping with this Instruction is taken.
In cases of notification under Article 5 of this Instruction the public prosecutor shall be informed of all evidence collected by the police. If so requested by the public prosecutor he must be promptly put in contact with the police officer working on the case.
Following a notification the public prosecutor shall immediately and no later than within three days issue the police officer with guidelines for action in the pre-trial procedure. If the public prosecutor fails to issue the guidelines within this period it shall be considered that the public prosecutor will not be directing the pre-trial procedure, but may join the work on the case at a later time.
When a case is assigned to the special task public prosecutors team the public prosecutor in charge of the case shall always direct the pre-trial procedure.
The public prosecutor shall direct the case by issuing the police officer working on the case with instructions as to which evidence and information is to be collected and may also propose the manner of gathering the evidence. The instruction may be in writing or verbal. If the instruction is verbal, then the public prosecutor and the police officer shall ensure that an official record is made.
The guidelines and instructions issued by the public prosecutor shall be binding for the police officer. The police officer's superior may cooperate with the public prosecutor within the limits of the guidelines and instructions and shall provide support and assistance necessary in order to carry out the guidelines.
If the pre-trial procedure is directed by the public prosecutor, the police officer working on the case shall keep the public prosecutor informed of the course of action and of the results. The public prosecutor shall provide the police officer with professional assistance. For the purposes of harmonisation the public prosecutor may communicate with the superior of the police officer working on the case. The police officer must be informed of this.
If for objective reasons the police officer is unable to act in compliance with the guidelines set by the public prosecutor, he shall immediately inform the public prosecutor of the reasons; if so requested by the public prosecutor, this shall be done in writing. In view of its nature this written notice shall be in confidence and shall not be made part of the criminal charge.
The public prosecutor shall assess whether the information and evidence is to be collected in any other manner or whether he can make the decision without the requested information. In this case he shall amend the guideline with a written note.
The public prosecutor shall inform the head of the district public prosecutor's office of actions contrary to instructions or failure to fulfil duties; the latter shall inform the head of the special task public prosecutors team, who in turn shall inform the head of the police directorate, who shall take appropriate action.
Where the irregularities are repeated the Public Prosecutor General and the Director General of the Police shall be informed and shall ensure that action is taken in keeping with this Instruction.
If an interdisciplinary team of experts for the detection and investigation of crimes is formed within the police then its work shall be directed by the public prosecutor.
IV. INFORMING THE PUBLIC
The public shall be informed of pre-trial procedures directed by public prosecutors in a manner agreed by the Director General of the police and the Public Prosecutor General or persons duly authorised by them.
V. COVERT INVESTIGATIVE MEASURES
When covert investigative measures are used in the pre-trial procedure, as a rule the procedure shall be directed by the public prosecutor.
A police officer working on a case where reasons for the use of covert investigative measures under the ZKP exist shall inform the competent public prosecutor of this and consult him on the use of such measures.
As a rule, a police officer working on such a case and the public prosecutor shall first discuss the use and proposal to order the use of covert investigative measures under the Police Act.
The police officer must advise or propose to the public prosecutor to order or propose covert investigative measures early enough for the public prosecutor to make the decision and to formulate the order or proposal.
The public prosecutor shall make the decision on the advice or proposal on time, i.e. by the time envisaged for the start of the measures.
As a rule, a proposal to prolong covert investigative measures shall be submitted with the public prosecutor 48 hours before the end of the measure.
The public prosecutor may request from the police officer working on the case to inform him while still working on the case on the information gathered thus far by using the measures.
Prior to the planned final action (conclusion) the police officer shall notify the public prosecutor who took part in the procedure of using covert investigative measures thereon.
The records of communication between police officers and public prosecutors shall not be part of criminal charges and shall be regulated with the internal acts of each respective service separately.
VI. FINAL PROVISION
This Professional Instruction shall enter into force on the day of its being signed by the Public Prosecutor General and the Director General of the Police.
In Ljubljana, on
Marko Pogorevc Zdenka Cerar
Director General of the Police Public Prosecutor General