Special Prosecutor
Special Prosecutor
Following consultation with representatives of all political parties in the General Committee of the Althingi, the Minister of Justice and Ecclesiastical Affairs, Björn Bjarnason, appointed Ólafur Þór Hauksson, the Akranes District Commissioner, to the position of Special Prosecutor. Ólafur will direct the office of public investigation and prosecution provided for in the Act No. 135/2008, which is to investigate suspicions of criminal actions in the period preceding, in connection with or in the wake of the collapse of the Icelandic banks, whether these relate to the activities of financial undertakings, other legal entities or individuals, and, as appropriate, to follow up these investigations by bringing charges in court against those concerned.
Ólafur will take up the position as from 1 February 2009, and his appointment will remain in force until the position is abolished or merged with another government institution in accordance with the provisions of the Special Prosecutor’;;s Office Act, after which he will resume his position as Akranes District Commissioner.
Office of public investigation and prosecution
According to Act No. 135/2008 a Special Prosecutor is responsible to direct the office of public investigation and prosecution. The Special Prosecutor will investigate suspicions of criminal actions in the period preceding, in connection with or in the wake of the collapse of the Icelandic banks, whether this is connected to activities of financial undertakings, other legal entities or individuals, and, as the case may be, follow up on these investigations by bringing charges against those concerned.
The authorisations granted to the office to investigate and lay charges cover economic violations, gainful offences and taxation infringements, including offences which have been investigated by the Directorate of Tax Investigations in Iceland, the Icelandic Competition Authority and the Icelandic Financial Supervisory Authority where criminal charges have been laid.
Collaboration
Specific provision is made in the Act for the Special Prosecutor to collaborate as necessary with the Directorate of Tax Investigations in Iceland, the Icelandic Financial Supervisory Authority, the Icelandic Competition Authority and other regulatory and supervisory institutions. Upon request, these institutions will provide the Special Prosecutor with information as to the status of cases which they have been handling. The Special Prosecutor is thereby offered the possibility of accessing cases at an earlier stage and, for example, expressing an opinion as to whether cases should be prosecuted publicly. This arrangement should encourage well-grounded and thoroughly prepared public prosecution.
Provision on leniency
The Act contains a special provision on leniency. Specifically, the State Prosecutor may decide, if certain strict requirements are satisfied and after receiving a grounded opinion from the Special Prosecutor, that anyone taking the initiative in offering to or providing the police or prosecutor’;s office with information or documentation, will not be subject to criminal charges even if such information indicates a probable violation by him-/herself.