About the protection of the rights of the defence

In a well-organized society in which anarchy has no place the State comfortably assumes responsibility for public order and the common good according to pre-established rules of law. Indeed when an offence is committed it is the State which is the victim and injured in its rights and in its most legitimate interests. To this end the State has entrusted the Public Prosecutor's Office and other bodies of the judiciary with formidable powers to decide what action to take against the presumed perpetrator of an offence so that the social equilibrium broken by the commission of the offence can be quickly re-established; at the same time it has ensured that in the exercise of its functions the Public Prosecutor's Office cannot exceed its powers or even misuse them.This is why the Constitution of February 18 2006 as revised by law n°11/002 of January 20 2011 which in its article 150 guarantees the exercise of judicial power to the Courts and Tribunals and organizes in parallel and in a clear manner the pre-judicial phase.