CHAPTER XV THE JUDICIAL POWER

Article 131

1. In Suriname justice shall be administered in the name of the Republic.
2. No act shall be punishable other than by virtue of a previously determined legal rule.
3. Every interference in detection or prosecution and in cases pending in court shall be forbidden.

Second Section
THE JUDICIARY

Article 133

1. The Judicial Power is formed by the President and the Vice-President of the High Court of Justice, the members and the surrogate members of the High Court of Justice, the Attorney-general with the High Court of Justice, and the other members of the Pu blic Prosecutors Office, and of other judicial functionaries indicated by law.
2. The law may provide that persons not belonging to the Judicial Power shall also take part in the activities of the Judicial Power.
3. The President, the Vice-President, the members and the surrogate members of the High Court of Justice constitute the Judicial Power that is charged with the administration of justice.

1. The cognizance and adjudication of all lawsuits is exclusively entrusted to the Judicial Power, save when the law appoints another judge.
2. The pronouncement of punishment and of measures provided by law is also entrusted to the Judicial Power that is charged with the administration of justice, subject to exceptions made by law, which, when concerning imprisonment, may only relate to mili tary penal and disciplinary law.

1. The decision of lawsuits not arising from civil law relations may be referred by law to administrative judges. The law shall regulate the procedure of deciding and the consequences of such decision.
2. In the cases indicated in the previous paragraph the administrative appeal can also be made available. That appeal shall only exclude the competence of the Judicial Power insofar as this stems from the law.

1. All judgements shall state the grounds upon which they are decided, and in penal cases they shall also indicate the articles of the legal regulations upon which the condemnation is based.
2. The court sessions shall be public, subject to exceptions made by the law.
3. For punishable acts designated by law for which no imprisonment is provided as sanctioned, the provision in the first paragraph may be departed from.
4. The pronouncement of sentence shall take place in public.

Third Section
COMPOSITION OF THE JUDICIAL POWER

Article 138
The law shall determine the organization, the composition and the jurisdiction of the Judicial Power.

Article 139
The supreme instance of the Judicial Power entrusted with the administration of justice is called the High Court of Justice of Suriname. The High Court shall supervise the regular course and settlement of all lawsuits.

Article 140
Those who hold political office shall be liable to trial before the High Court, even after their retirement, for indictable acts committed in discharging their official duties. Proceedings are initiated against them by the Attorney-General after they have been indicted by the National Assembly in a manner to be determined by law. It may be determined by law that members of the High Boards of State and other officials shall be liable to trial for punishable acts committed in the exercise of their functions.

Article 141

1. To be appointed as a member of the Judicial Power entrusted with the administration of justice or as Attorney-General with the High Court of Justice, one shall be at least thirty years of age and possess Suriname nationality and have domicile and main and real residence in Suriname.
2. The members of the Judicial Power entrusted with the administration of justice and the Attorney-General with the High Court of Justice shall be appointed by the Government, after consultation of the High Court of Justice. The appointment of the Presid ent, Vice-President, the members of the High Court of Justice and the Attorney-General shall be for life.
3. The law determines the other conditions for appointment and also the financial provision for their benefit and that of their surviving relatives.

1. The member of the Judicial Power entrusted with the administration of justice and the Attorney-General with the High Court of Justice are discharged by the Government: on their request; when reaching the age of retirement.
2. The persons mentioned in the first paragraph may be discharged on the proposal of the High Court of Justice:
   • when they have been placed under custody;
   • in case of apparent continuous mental disorder;
   • when they have been irrevocably deprived of their liberty by virtue of a penal condemnation;
   • when they have obtained a composition under court supervision or are under court custody for their civil debts;
   • on the grounds of serious misconduct or immorality or in case of proven continuous inadvertence in the fulfillment of their office.

Fourth Section
THE CONSTITUTIONAL COURT

Article 144

1. An organ that is entrusted with judging the constitutionality of legal rules and measures shall be created by law.
2. The composition, tasks and jurisdiction of this organ shall be regulated by law.

Article 145
The Public Prosecutor’s Office is to the exclusion of all other organs responsible for the detection and is charged with the prosecution of all punishable acts. The law can derogate from this principle for the criminal procedure with regard to the military.

Article 146

1. The Public Prosecution with the High Court of Justice shall be exercised by or for the Attorney-General.
2. The Attorney-General represents the Republic of Suriname before courts of law. He is the head of the public Prosecutor’s Office and is at the same time charged with the judiciary police. He has the powers to give to the officers who are entrust ed with police tasks, instructions towards preventing, detecting and researching punishable acts, which he deems necessary in the interests of sound justice.

Article 148
The Government determines the general prosecution policy. The Government may in specific instances give the Attorney-General orders with regard to prosecution, in the interest of state security.