Since 1975, the Organ of the People’s Prosecutor of Lao PDR has gone periodically trough a process of foundation, reform and development as follows:

1. The 1st period from 1975 to 1983

After the declaration of the foundation of the Lao People’s Democratic Republic on 2 December 1975, the State Organs of the People’s Democracy have been improved from the central to local level that includes: legislative, executive and judicative. For the foundation and activities of judicative Organ which included The Organ of the People’s Prosecutor of Lao PDR and the People’s Court, in this period the prosecutorial work was carried out at the central level by the ministry of justice and at the local level by the justice department of the province and justice office of the district. The People’s prosecutor has the role and function to prosecute the accused to the court. The people’s prosecutors were appointed and removed by the minister of justice. The Organ of the People’s Prosecutor was a department of the ministry of justice and was called as “prosecutor department”.

2. The 2nd period from 1983 to 1990

The prosecutorial work had been improved and was moved to be a part of the People’s Supreme Court led and appointed by the minister of justice. At the provincial, municipal and the district level, the deputy director of the justice department was the people’s prosecutor while the director of the justice department was the court president. Therefore, the people’s prosecutor was usually called as court prosecutor and had the role to prosecute the accused to the court according to the order of the prime minister No. 53/PM on “the arrest, investigation and the sentence of the offenders”, dated 15 October 1976.

3. The 3rd period from 1990 until present (2007)

After performing a comprehensive innovative policy based on a principle of the party, our party orients to govern the state and society and economy by rule of constitution and laws. The 2nd official plenary session of the National Assembly of the 2nd legislative has adopted the law on the Organ of the People’s Prosecutor of Lao PDR NO.31/SPN, dated 23 December 1989 which was promulgated by the presidential decree No.5, dated 9 January 1990.
While the implementation of this law, the Organ of the People’s Prosecutor has improved, maintained and organized systematically from the central until the local level on the principle of unity and centralized decision making process, lower-level prosecutors are under high-level prosecutors and it has a more widely role than before. In the implementation of the duties according to the Constitution and laws in the past, it is seen that The Organ of the People’s Prosecutor of Lao PDR has actively made a contribution to ensure justice, protection of the social security, rights and interests of individuals and organizations and to raise legal awareness of the public to respect and implement the laws.

Foundation

The Organ of the People’s Prosecutor of the Lao PDR was established on 9 January 1990 pursuant to the Law on the Organ of the People’s Prosecutors of Lao PDR.
After the promulgation of the Law on the Organ of the People’s Prosecutor of Lao PDR on 9 January 1990, offices of the people’s prosecutor were established at the central and local levels. At the central level there is the Office of the People’s Prosecutor General. At the provincial level there are offices of the provincial [or] city people’s prosecutors, and at the district level there are the offices of the district [or] municipal people’s prosecutors. After an amendment of the Law on The organ of the People’s Prosecutor of Lao PDR in 2003 the Organ of the People’s Prosecutor has at the central and local level. At the central level there is the Office of the Supreme People’s prosecutor of Lao PDR and at local level there are the appellate people’s prosecutor’s offices established; one in the northern ( in Luangprabang Province), one in central (in Vientiane Capital City) and one in southern part of Laos( in Champassack Province).

Position and Role

The Organ of the People’s Prosecutor of the Lao PDR is a Supervisory State Organ and responsible for monitoring and inspecting the proper and uniform adherence to laws by all ministries, ministry-equivalent organization, government organizations, Lao Front For National Construction, mass organizations, social organizations, local administrations enterprises, and citizens and for exercising the rights of prosecution.

Rights and Duties

The Organ of the People’s Prosecutor has rights and duties to:
1. Monitor and inspect the proper and uniform adherence to laws and regulations by all ministries, ministry-equivalent organizations, government organizations, Lao Front For National Construction, mass organizations, social organization administration enterprises, and citizens, and this shall be referred to as monitoring ad inspection;
2. Monitor and inspect the compliance with laws by investigation organizations;
3. Monitor and inspect the adherence to laws in court proceedings and judgments enforcement;
4. Monitor and inspect the adherence to laws in places of arrest, places of detention, re-education centers, [and] prisons during the implementation of deprivation of liberty and enforcement of court measures;
5. examine proposal for [granting] pardon to prisoners;
6. Undertake measures to counter crime and other violations of the law; to eliminate and prevent the causes and conditions which result in wrongdoing;
7. Ensure complete, thorough, and objective investigation of criminal cases and to issue measures to prevent wrongdoing in coordination with State organizations and other organizations;
8. Ensure that offenders receive punishment according to the law and not allow innocent people to be punished;
9. Undertake the whole investigation or those portions of it within its authorities as provided by the laws.
10. Exercise such other rights and perform such other duties provided by the laws.

Organization

The Organ of the People’s Prosecutors consists of:
— The Supreme of the People’s Prosecutor’s Office;
— Appellate people’s prosecutor’s offices;
— City [or] provincial people’s prosecutor’s offices;
— District [or] municipal people’s prosecutor’s offices and
— Military prosecutor’s office.
Appellate people’s prosecutor’s offices, city [or] provincial people’s prosecutor’s offices and district [or] municipal people’s prosecutor’s offices are called local people’s prosecutor’s offices.
The offices of military prosecutor have it own regulations.
The office of people’s prosecutors at various levels consists of a uniform and centralized system leading by a Supreme People’s Prosecutor of Lao PDR, and the lower-level people’s prosecutors are under higher-level prosecutors. In the exercising their duties, the local people’s prosecutor shall only comply with the laws and instructions of the Supreme People’s Prosecutor.
The Office of the Supreme People’s Prosecutor is the highest monitoring and inspection authority within The Organ of the People’s Prosecutor of Lao PDR, and it has the role to direct and guide the office of the people’s prosecutor at all levels in monitoring and inspection the proper and uniform adherence to laws throughout the whole country.
The office of appellate people’s prosecutor is led by an appellate people’s prosecutor of that level, and it has the role to monitor and inspect the proper and uniform adherence to laws within its responsibilities. The appellate people’s prosecutor report its status of the organization and operations to the Supreme people’s Prosecutor.
The office of provincial [or] city people’s prosecutor is led by a provincial [or] city people’s prosecutor of that level, and it has the role to monitor and inspect the proper and uniform adherence to laws within its responsibilities. The appellate people’s prosecutor reports its statues of the organizations and operations to the [relevant] supervising appellate people’s prosecutor.
The office of district [or] municipal people’s prosecutor is led by a district [or] municipal people’s prosecutor of that level, and it has the role to monitor and inspect the proper and uniform adherence to laws within its responsibilities. The district [or] municipal people’s prosecutor reports its statues of the organizations and operations to the [relevant] supervising provincial [or] city people’s prosecutor.

Personnel

Prosecutors at various levels in Lao PDR are consisted of following personnel: People’s Prosecutors, Deputy People’s Prosecutors, Investigations and Supporting Mechanism.
According to the principle of the Constitution and Law on the Organ of the People’s Prosecutor of Lao PDR, Supreme People’s Prosecutor of Lao PDR is appointed or removed by National Assembly on the Proposal of the President of the State. The term of the Office of the Supreme People’s Prosecutor of Lao PDR is equal to the term of the Office of the National Assembly.
Deputy Supreme People’s Prosecutor of Lao PDR is appointed or removed by the President of the State on the proposal of the Supreme People’s Prosecutor.
Local People’s Prosecutors which include: Appellate People’s Prosecutor and Deputy Appellate People’s Persecutor; Provincial or City People’s Prosecutor and Deputy Provincial or Capital City People’s Prosecutor; District [or] municipal People’s Prosecutor and Investigators are appointed or removed by the Supreme People’s Prosecutor.
Investigators are assistants of the people’s prosecutors and perform their duties based on the law and the assignment of the people’s prosecutors.

Structure of the Organ of the People’s Prosecutor of Lao PDR

The Structure of the Supreme People's Prosecutor of Lao PDR