When I first started about how Liberland needed to be composed I was not thinking about the criminal justice aspect however, I think this could be a key element towards establishing international legitimacy for Liberland, along with the other issues I have discussed at length here.
The Liberland Minister of Justice should not be the person in charge of actually doing the leg work of what normally constitutes as a prosecutor under common law. Because they are not a directly elected position and because I think that person should be in charge of drafting laws, reviewing legal questions that the Congress or Cabinet may have, defending Liberland in any type of appeal and other items that kind.
The public prosecutor does not need to be a full time position, in fact it would be great if it was a position that was unnecessary but needed to be there in case it is needed to be used. The requirements I think should be minimal but they would have to be these:
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A citizen of Liberland.
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Be learned in the law, criminal preferably.
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Be of at least age 21 or older.
I think these requirements should suffice. Their term of office would be 1 year in length and their term would begin on January 1st and the election would occur at the same time as the Congress, they cannot during their term of office hold any other elected or appointed position.
Their primary task would be to prosecute crimes that are enforceable in Liberland. They may also conduct other legal business at the request of the Minister of Justice as he may see fit, but only if he has no pending cases before him.
I think that it is only fair that the people of Liberland be able to directly decide who will be in such a position. One may argue that this should rest upon the Minister of Justice but I have made my case as to why that is not a good idea. The key point is that someone in such a position should be held accountable directly to the People of Liberland. This is a position trust, with a power that should only be used sparingly against those that have violated the NAP and has caused harm to another, yes I am aware that the USA is the only place in the world that does this but it shouldn’t be.
We can get into why a public defender may also be necessary but that is for a different article.