Mode of Operation

Under the Organic Law on Judicial Organization Framework, for the purposes of allowing appeals against court rulings, “the Court of First Instance, the Court of Second Instance and the Court of Final Appeal” are set up in Macao. “The Court of First Instance is composed of the Primary Court and the Administrative Court” (Article 10) and “the Primary Court consists of the Civil Court, the Criminal Preliminary Hearing Court, the Small Claims Court, the Criminal Court, the Labour Court and the Family and Minors Court.” “During criminal proceedings, the Criminal Preliminary Hearing Court has jurisdiction over investigative matters, is entitled to conduct preliminary inquiries and to make prosecutorial decisions” (Article 29).

Observing proceedings laws and judiciary traditions, the Public Prosecutions Office (MP) of Macao SAR adopts a single hierarchy model. Under this model, three levels of prosecutors are appointed, respectively, to the Court of Final Appeal, the Court of Second Instance, the Primary Court and the Administrative Court to perform duties on behalf of MP.

In order to operate smoothly under such model and to support prosecutors in carrying out their duties, MP has established prosecutorial offices at the Court of Final Appeal, the Court of Second Instance, the Primary Court, the Administrative Court and the Criminal Preliminary Hearing Court of the Primary Court. There are prosecutors, judicial officers, professional and administrative staff serving at each of these Offices.