Prosecutorial Supervision: Operational-Search Activity, Investigation, Places of Detention
Scope of supervision
This domain tests how the prosecutor ensures legality in operational-search activity (ORA), inquiry and preliminary investigation, and in places of detention.
- ORA is covert and regulated by law; the prosecutor supervises legality, not operational tactics. The prosecutor may demand files, check registrations, issue orders to eliminate violations, protest illegal acts and initiate criminal cases.
- In inquiry and investigation, the prosecutor checks whether a report was lawfully handled, whether investigative actions were authorized, whether rights were explained, and whether the case was complete and objective.
- In detention places, the prosecutor conducts inspections, receives complaints without censorship, checks grounds for detention, orders medical examination and can release a person illegally held.
Worked example
A detainee alleges beatings. The prosecutor inspects the cell, reviews the admission register and medical log, interviews staff and the detainee, orders a forensic medical examination and opens a criminal case if the elements are present. Reasoning: a credible complaint triggers a duty to verify, and custodial supervision covers both conditions of detention and its legality.
Traps
ORA secrecy does not remove supervision. A paper review is not enough where there is a credible allegation. The prosecutor cannot direct an operative experiment or substitute operational officers.