CCPE(2016)1Prov

Strasbourg, 28 January 2016

CONSULTATIVE COUNCIL OF EUROPEAN PROSECUTORS(CCPE)

1.         Does the prosecution service in your country work strategically with ensuring quality in the work of prosecutors? If yes, how is that done?

Department for Strategic Development and Supervision over Prosecutorial Activities operates at the Office of the Chief Prosecutor of Georgia and the main function of the said Department is to control the quality of the work of prosecutors.

The aforementioned Department exercises annual assessment of the work of prosecutors in several areas:

a)            Analysis of prosecutors’ workload is prepared, which contains data regarding the workload of each prosecutor (number of: examined applications, cases, documents drafted by them, of rulings, terminated criminal cases and etc.);

b)            Prosecutors’ presentation skills at the court are monitored in accordance with to the preliminarily established criteria;

c)            Documents drafted by prosecutors are monitored (substantiation, legal writing skills and etc.);

d)            Prosecutors’ work in electronic system is monitored.

After each monitoring annual analysis, reflecting gaps revealed through the monitoring process, is provided. Trainings on proper issues are planned for relevant prosecutors in order to improve the quality of their work.

2.         Which criteria are considered crucial in your country for securing the highest quality and efficiency of the work of prosecutors: their independence, impartiality, human and material resources, conditions of work etc.? Please briefly describe.

High level of prosecutors’ qualification is the first indicator for ensuring high quality and efficiency of prosecutors’ activities. Consequently, a person willing to work as a prosecutor faces high requirements (they are passing several exams). Herewith, after being appointed they permanently undergo trainings.

Independence of prosecutors also provides high quality and efficiency of their work. Impartiality and political neutrality are main principles of the Georgian prosecution service activities. As a result of the recent reform exercised in the Prosecution System, that radically changed the rule of appointing and dismissing the Chief Prosecutor, Prosecution Service became even more independent. In result of the mentioned amendments the Chief Prosecutor is appointed for the term of 6 years. The representatives of executive, private and highest representative authorities, as well as prosecutors through the members of the independent collegial body – the Prosecutorial Council – are involved in the process of his/her appointment.

Obviously, the conditions in which prosecutors are working as well as accessible material resources are of great significance.

3.         Are there any indicators, formal or informal, used in your country in order to assess the quality and efficiency of the work of prosecutors, for example, the number of cases considered, the length of the consideration, the complexity of the cases considered etc.? Please briefly describe.

Quality of prosecutors’ work is assessed in several areas:

a)            Workload (number of: examined applications, cases, documents drafted by them, rulings, terminated criminal cases and etc.);

b)            Prosecutors’ presentation skills at the court;

c)            Substantiation and legal grounding of procedural documents;

d)            Quality of working in electronic system.

4.          Is there a formal or informal procedure for evaluation of the work of prosecutors, how often it is evaluated, by whom, and with what consequences? Do the prosecutors have the right to raise formal or informal objections to the results of the evaluation and to its consequences?

Department for Strategic Development and Supervision over Prosecutorial Activities operates at the Office of the Chief Prosecutor of Georgia and the main function of the said Department is to control the quality of the work of prosecutors.

The aforementioned Department exercises annual assessment of the work of prosecutors in several areas. Each area is evaluated at least once in a year.

The results of the monitoring give rise to the necessity of using disciplinary sanctions or incentives in relation to the prosecutors.

In 2016 collegial body – the Prosecutorial Council was founded at the Office of the Chief Prosecutor of Georgia; one of the functions of the aforesaid Council is to examine the matter of disciplinary responsibility of a prosecutor. Prosecutor is entitled to express his/her opinion before the Prosecutorial Council with regards to the results of the monitoring and application of disciplinary sanctions thereof.

5.         As regards the fight against organised crime and terrorism, are there any specific conditions, criteria, procedures or indicators created for prosecutors in your country in order to:

         - facilitate their work?

         - evaluate their work?

There are special divisions at the Prosecution Service of Georgia that exercise prosecutorial supervision over organised crime and terrorism. Prosecutors working in the aforesaid divisions are undergoing special trainings. Their works are evaluated based on the general criteria and taking into consideration specificity of the work.

6.         Are there in your country recent legislative reforms to fight more effectively against organised crime and terrorism and how are these reforms seen in relation to the quality and efficiency of the work of prosecutors? Please briefly describe.

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7.         Do you consider that current international conventions, as well as international organisations, like Eurojust, Europol and Interpol, are sufficient to effectively fight against organised crime and terrorism?

Applicable international conventions enable us to manifest maximal collaboration in the course of international cooperation with regards to organised crime and terrorism cases.  Herewith, application of data base and wire of the named international organizations in the course of cooperation promotes increase of efficiency of the mentioned collaboration. Aspiration of Georgia to conclude a relevant agreement with Eurojust shall also be taken into consideration.   

8.         What are the major challenges in your country as regards the quality and efficiency of the work of prosecutors and, in particular, their fight against organised crime and terrorism?

Access to new technologies and their application in the course of exercising investigative and prosecutorial supervision.