Article 4.42 Public Prosecution

(a) A dedicated Public Prosecution Office may be established or recognised for criminal offences falling within the jurisdiction of the ICT Court, subject to the ICT Establishment Law, applicable Host Country legislation, the ICT Contractual Arrangements, and Part 5.
(b) Applicable Host Country legislation, giving effect to the ICT Establishment Law and ICT Contractual Arrangements, shall determine the nature, powers, organisation, independence, accountability, and relationship of the Public Prosecution Office with the public prosecution service or services of the Host Country.
(c) Where established or recognised, the Public Prosecution Office shall be responsible for instituting and conducting criminal proceedings and for exercising prosecutorial discretion in accordance with law, fairness, and the public interest.
(d) The Public Prosecution Office shall act independently and shall not be subject to improper influence by any person or entity, including the Operator.
(1) A dedicated Public Prosecution Office shall be established for criminal offenses falling within the jurisdiction of the IC Court.

(2) Host-country legislation, giving effect to the Concession Agreement or equivalent instrument, shall determine the nature, powers, organisation, independence, accountability, and organisational and procedural relationship of the Public Prosecution Office with the public prosecution service or services of the Host Country.

(3) The Public Prosecution Office shall be responsible for instituting and conducting criminal proceedings and for exercising prosecutorial discretion in accordance with law, fairness, and the public interest.

(4) The Public Prosecution Office shall act independently and shall not be subject to improper influence by any person or entity, including the City Operator.