Volume 127, Issue 75A
Royal Gazette
7 December 2553
(3)When a case run by a public prosecutor in a court of first instance comes into the consideration of an appellate court or the Supreme Court of Justice, the public prosecutor running the case, or another public prosecutor at that court of first instance, or a different public prosecutor appointed or authorised by the Attorney General has the power to run the case in the appeal or final appeal stage.
(4)In the case where a court takes evidence at the request of another court or when a case is transferred to another court for trial, a public prosecutor at this new court, or the public prosecutor running the case from the outset, or a public prosecutor at the court handling the case from the outset has the power to run the case in the court which conducts the requested taking of evidence or the court which accepts the transferred case.
Section16.In exercising specific powers and duties for a case which has to be initiated by a public prosecutor, or in examining facts for the execution of the Constitution or any other law, the public prosecutor shall have the power to seek for facts and to collect evidence, to interrogate witnesses, to order summoning any person to appear and give testimony before him, to order the surrender of evidence, documents, or objects, and to conduct other activities as found appropriate, and he may request competent authorities or state authorities to conduct any activities as found appropriate. However, if the person so ordered is the other party to the case or is the accused, the said person may refuse to appear or give testimony or may refuse to surrender the evidence, documents, or objects ordered.
Section17.When a public prosecutor carries out duties in the event where a law designates that he has powers and duties to inquire into a criminal case, save the event where he conducts an inquiry together with an inquiry official or he produces an inquiry file together with an inquiry official, the public prosecutor shall have the same powers and duties of inquiry as those of an inquiry official. In this regard, the public prosecutor shall become a senior administrative or police official and have the powers and duties according to the Criminal Procedure Code, by virtue of which he may participate with a police officer or other officer in making, or may request a police officer or other officer to make, a search, arrest, or detention.
Section18.The orders of a public prosecutor according section 16 and section 17 shall be deemed to be the imperatives of a public prosecutor according to the Penal Code.
