Powers and Functions

Prosecutorial duties in criminal matters

The MP is responsible for conducting criminal proceedings, namely deciding to open cases, directing investigations, bringing prosecutions, participating in trials, filing appeals against judgments and promoting execution of judgments.

Directing and supervising criminal investigations

Criminal investigations are directed and supervised by the MP, including in particular:

• Initiating investigation according to the law upon receiving crime-related information;
• Authorizing and providing specific guidelines to police forces to conduct investigations;
• Interrogating suspects;
• Applying the coercive measure of identity and residence statement against suspects, or proposing to judges for the application of the following coercive measures against suspects: guarantee; obligation of periodic presentation; prohibition of departure and contact; suspension of duties, professions or exercise of rights; and preventive imprisonment;
• Proposing to judges to adopt specific investigative measures during investigations, such as telecommunication interception, as well as searches and seizures in law firms, medical clinics, banking institutions, etc.

Instituting and ensuring criminal proceedings

The MP is responsible for instituting and ensuring criminal proceedings, including in particular:

• Prosecuting relevant persons and transferring cases to the court for trial, when investigation provides sufficient indication that a criminal offence has been committed and the identity of the offender has been established;
• Archiving cases without prosecution if evidence suggests no criminal activities, innocence of suspects, inability to continue criminal proceedings according to the law, or lack of sufficient indications of the crime committed by the suspects, or occurrence of a crime or identity of the offender;
• Appearing in court to support prosecutions in criminal cases in order to uphold justice;
• Proposing to judges to temporarily suspend criminal proceedings according to the law, or to exempt penalties and archive cases;
• Participating in appeals:
  - Filing appeals against court judgments and adjudications according to the law;
  - Submitting written replies to appeals according to the law;
• Promoting execution of criminal judgments and adjudications according to the law.

Prosecutorial duties in civil, family affairs and labour matters

As the guardian of public interests, legitimate rights and interests of the vulnerable groups, the MP institutes or partakes in civil, family affairs and labour proceedings either as a party or a legal representative.

The MP participates in civil, family affairs and labour proceedings, including in particular:

• Representing the MSAR and the MSAR Public Treasury;
• Representing incapacitated persons (including minors, interdicted persons and quasi-interdicted persons), unknown persons and missing persons;
• Filing appeals according to the law against court adjudications obtained by parties through legal fraud;
• Protecting civil rights of minors;
• Representing workers and their families in court ex officio;
• Safeguarding collective or public interests as prescribed by law;
• Participating in bankruptcy or insolvency proceedings, as well as all proceedings involving public interests.

To better protect the interests of incapacitated or missing persons, or when the purpose of the proceedings is to realize collective or public interests, the MP may have ancillary intervention in the relevant proceedings albeit being neither a party nor a legal representative, assisting the party in presenting evidence or participating in court trials.

Prosecutorial duties in administrative matters

The MP plays a vital role as the guardian of public interests to ensure that administrative activities are in compliance with law.

The MP participates in various types of administrative proceedings, including in particular:

• Representing administrative authorities in specific administrative proceedings according to the law;
• Filing contentious appeals against administrative acts on the grounds of breach of legality, and requesting the court to annul such administrative acts or declare them invalid;
• Instituting administrative proceedings against illegal administrative regulations and norms, rendering such illegal norms ineffective;
• Requesting review against decisions of fines and ancillary penalties imposed by administrative authorities for administrative infractions;
• Filing appeals against judgments and adjudications issued in administrative proceedings;
• Participating in administrative proceedings, as well as reviewing and issuing opinion on cases to monitor the legality of administrative activities in accordance with the law.

Other statutory duties

Apart from fulfilling its duties in specific proceedings, the MP also discharges legal supervision and other statutory functions in ensuring proper application of law in public activities.

Other statutory duties of the MP include, in particular:

• Exercising supervisory power over the implementation of the Basic Law of the Macao Special Administrative Region of the People’s Republic of China in cases provided for in procedural laws;
• Performing advisory function under legally defined situations, or upon requests of the Chief Executive or the President of the Legislative Assembly;
• Promoting and cooperating in activities on crime prevention;
• Undertaking work in the field of legal assistance;
• Conducting external exchanges and coordinating community relations;
• Analyzing and studying information and intelligence on crime prevention and detection;
• Assigning representatives to attend tender opening sessions for public procurement of public entities;
• Receiving crime reports, and providing legal advice and opinions;
• Exercising other statutory powers.