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Part V: The Legislative Framework for the Judicary

Decision No. 287 of 1995

Decision No. 287 of 1995

The Chairman of the Palestine Liberation Organisation,

The President of the Palestinian National Authority,

Based upon the powers bestowed upon me,

Having reviewed the Law of Courts No. 31 of 1940 and its Amendments in force in the Governorates of the Gaza Strip,

Having reviewed the Law of Penal Procedure (Accusatory) No. 22 of 1924 and its

Amendments in force in the Governorates of the Gaza Strip,

Having reviewed the Law of Penal Procedure No. 9 of 1961 in force in the Governorates of the West Bank, and

In accomplishment of the public interest,

I hereby promulgate the following decision:

Article 1

The Public Prosecution shall be presided over by the ‘Attorney-General,’ who shall be assisted by a number of Deputies, Prosecutors, District-Attorneys, Deputy-Prosecutors, and officers of the Judicial Police, who shall be directly subject to his oversight and directives.

Article 2

The Attorney-General shall exercise the powers and jurisdictions set forth in the laws, regulations, directives, and orders in force in the territories of the Palestinian National Authority.

Article 3

The Regulation Concerning the Head of the Public Prosecution before the Court of Cassation and the Regulation concerning the Attorney-General before the Courts of Appeal are hereby repealed. The Attorney-General of the Palestinian National Authority or his representative shall exercise the powers set forth in Articles 12 and 13 of the Law of Penal Procedure No. 9 of 1961.

Article 4

The function of the Prosecutor in the Gaza Strip shall be akin to the function of the District-Attorney in the West Bank. Each of them shall exercise the powers of the other wherever he is present.

Article 5

Article 59 of the Law of Penal Procedure (Accusatory) No. 22 of 1924 in force in the Governorates of the Gaza Strip shall be enforced throughout all the territories of the Palestinian National Authority.

Article 6

Every provision which contradicts the provisions of this decision is hereby repealed. This decision shall enter into force as of the date of its promulgation and shall be published in the Official Gazette.

Issued in the city of Gaza on 9 December, 1995 AD.

Yasser Arafat

Chairman of the Palestine Liberation Organisation

President of the Palestinian National Authority

Text Type:Decision
Text number:287
Text date:1995-12-09
Institution:President of the Palestinian National Authority
Status:Repealed
Gazette number:9
Gazette date:1995-12-31
Gazette pages:74 - 75

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