Functions of the Public Prosecutor's Office in civil matters in Belgium مقاله

خلاصه ماشینی:

Despite this, the law stipulates that after the court ex officio orders that the lawsuit be notified to the Public Prosecutor's Office, it may also obtain the opinion of the Public Prosecutor's Office (Article 764 of the Code of Civil Procedure). Secondly—regarding the expression of an opinion, the provisions for the intervention of the Public Prosecutor's Office are also specified by law, but its justification differs to some extent in this regard; the origin of these cases lies in Articles 764 to 768 of the Code of Civil Procedure. Some of these cases provided for in Article 764 demonstrate the intent of the law, which seeks to ensure that matters arising from public criminal lawsuits or military prosecution—especially retrial, recusal of a judge, denial of paternity (in the Code of Civil Procedure), and allegations of forgery—are brought to the attention of the Public Prosecutor's Office. From what has passed, it can be inferred that in the cases provided for in Article 764 of the Code of Civil Procedure, the intervention of the Public Prosecutor's Office does not occur solely for the necessity of preserving public order; other factors also necessitate it, especially the preservation of private interests when interested parties are unable to do so, the exercise of inspection and supervision of judicial activity, and the necessity of informing the Public Prosecutor's Office of matters that may reveal issues subject to criminal law or administrative prosecution.