The Office of the Special Prosecutor (OSP) is an independent office in the Republic of Palau tasked with receiving complaints, investigating, and prosecuting any and all allegations of violations of the Constitution and laws of the Republic of Palau.
The OSP operates under the Special Prosecutors Act, a law of the National Government of the Republic of Palau that is currently codified at Title 2 of the Palau National Code, Chapter Five (cited as 2 PNC § § 501-507). The OSP is led by the Special Prosecutor, who acts as both the chief litigant and manager of the OSP, directing the activities of assistant prosecuting attorneys, criminal investigators, and administrative staff.
Under the Special Prosecutors Act, the Special Prosecutor is nominated by the President of the Republic, and confirmed by the Senate of the Olbiil Era Kelulau (OEK), also known as the Palau National Congress. Once confirmed, the Special Prosecutor leads the OSP for a term of five years, subject only to removal by the President for cause followed by notice to the OEK.
The OSP, under this framework, conducts its investigations and prosecutions independently from the other portions of the Executive Branch. In this way, the OSP is distinguished from Office of the Attorney General, which conducts the majority of criminal prosecutions in the Republic and exists within the Ministry of Justice.
The OSP is also tasked by statute to serve as the prosecution where there is a conflict of interest prohibiting the Office of the Attorney General from acting as the prosecutorial office.