Code of Ethics of State Prosecutors

Code of Ethics of State Prosecutors

Based on Articles 102 and 38a of the State Prosecutor Act (Official Gazette of the Republic of Slovenia, no. 58/2011 with amendments), the State Prosecutor's Council at the 13th correspondence meeting of 22 September 2015 adopted the following

I. GENERAL PROVISION

The Code of Ethics of State Prosecutors (hereinafter: the Code) is a record of ethical and moral principles which shall be followed by all state prosecutors in the performance of state prosecutors’ duties.

II. IMPARTIALITY AND INDEPENDENCE

A state prosecutor performs their duties impartially, without allowing their decisions to be in any way influenced by any personal preferences, prejudices, ideological or belief systems, political, economic or other interests, personal knowledge of disputable facts or persons, public demands or criticism, or other circumstances that may suggest such influence, and in all their actions protects fundamental human rights and freedoms, and the human dignity and personality of all participants in proceedings. In performing a state prosecutor's duties, a state prosecutor is independent of any direct or indirect illegal instructions, influences, incentives, threats, pressures or interference in their decision-making process, irrespective of from where, and for what reasons, such unauthorised interventions originate.

III. DIGNITY AND REPUTATION

A state prosecutor shall behave at work and outside work in a way that does not damage their reputation or the reputation of the state prosecutor's office. They are obliged to be prudent in their statements, and maintain a dignified personal appearance and behaviour in public places.

IV. CONFIDENTIALITY

A state prosecutor must respect the principle of professional secrecy with regard to personal, business and all other information of which they informed in the performance of their duties and to which the public has no access. In their work in scientific, educational, professional, public, journalistic, cultural, sports, humanitarian or other fields, they must not misuse data acquired in the performance of duties. A state prosecutor must also protect professional secrecy after the termination of their duties.

V. COMPATIBILITY

A state prosecutor may, independently or within professional associations, participate in the preparation of regulations, in discussions on legal issues, give lectures and write and express their opinions in accordance with the applicable legislation. A state prosecutor may engage in their private or public, paid or unpaid ("pro bono") activities outside their official duties and may be included in cultural, sports and other social activities, provided that this does not conflict with their professional duties or with the reputation and dignity of the prosecutor's profession. Under the same conditions, a state prosecutor may also participate in various initiatives of the civil society, in humanitarian and charitable institutions if their activity is not focused on the acquisition of economic, social, political or other benefits for the members of such initiatives or institutions.
VI. INCOMPATIBILITY A state prosecutor is obliged to refrain from any financial or other business activities that may give rise to the appearance of bias or compromise the state prosecutor’s independence. A state prosecutor or their family member shall not accept gifts from parties in proceedings or gifts that are in any way related to the performance of the state prosecutor's duties. In order to maintain the appearance of independence, it is not appropriate for a state prosecutor to contribute financially or act in favour of a political party or an independent candidate for political office or to publicly support a candidate of a political party or an independent candidate, to participate in political rallies or gatherings, except when exercising their active right to vote or run for political office in accordance with the law.

VII. RELATIONS WITH OTHERS

A state prosecutor shall establish and maintain correct and respectful relations with colleagues and co-workers with whom they come into contact when carrying out the prosecutor's duties. Relations between a state prosecutor and colleagues must be based on respect and equality. A state prosecutor is obliged to transfer their knowledge and experience to younger colleagues and trainees.

VIII. VIOLATIONS OF THE CODE

The Ethics and Integrity Commission shall adopt principled opinions concerning conduct contrary to the Code.