Notice: This page is for reference and education purposes only. The OSP will make efforts to provide up-to-date materials on this page, but we cannot guarantee the legal materials are current. Also, we cannot guarantee the accuracy of materials provided on this page to links of outside sources from other websites.
Legal Framework for the Office of the Special Prosecutor
Special Prosecutors Act. The OSP is a creation of National Law of the Republic of Palau. The current language of the Special Prosecutors Act is codified at Title 2 of the Palau National Code at Chapter 5. This chapter contains 7 statute sections, cited as 2 PNC § § 501-507.
Republic of Palau Public Laws Which Have Created or Amended the Special Prosecutors Act. Once a bill from Palau’s Legislature, the Olbiil Era Kelulau (OEK), becomes law, it is assigned a “Republic of Palau Public Law” number, cited as “RPPL No. XX-YY”, with the first number (“XX”) indicating which OEK passed the bill into law, and the second number (“YY”) being the order of bills passed into law during that OEK. Under the current constitutional structure, each OEK exists for a term of 4 years. The First OEK began in 1981; the current OEK is the 10th (with a term of January 2017-January 2021). After passage, important texts which explain government administration or portions of law which will require frequent reference are organized (“codified”) into the Palau National Code for reference. The first law authorizing the role of Special Prosecutor in Palau was RPPL No. 2-7, passed into law in 1985. The subsequent RPPLs below amended some portion of the Special Prosecutors Act.
Other Important Legal Authorities:
The OSP frequently encounters, concerns, or enforces:
- The Constitution of the Republic of Palau
- Title 17 of the Palau National Code (PNC)—Penal Code
- Title 18 PNC—Criminal Procedure
- Title 40 PNC—Revenue and Taxation Law
- 33 PNC Chapter 6—Code of Ethics
Other statutes. For other statutory sources, Palau Legal is fairly frequently updated, including the most recently passed public laws.
Rules of Court Practice. Some of the most important sources of law that dictate the procedural aspects of law in Palau are explained in the Rules promoted by the Palau Judiciary, especially the Rules of Criminal Procedure, the Rules of Evidence, and the Rules of Appellate Procedure. The Court’s rules can be found at www.palausupremecourt.net.
Case Law Search. Central to understanding various laws is how the court applied the law in previous cases. While most court cases do not involve a full grown written opinion, the Palau Judiciary developed its own jurisprudence since the inception of the constitutional government in 1981. This Custom Google Search allows a search of the Judiciary’s online bank of published decisions.