THE ROLE OF THE PUBLIC PROSECUTOR IN CRIMINAL PROCEDURE
Svetlana Veljanovska, Sasha Dukoski
Abstract
Svetlana Veljanovska, Sasha Dukoski
Abstract
The subject of this paper is the action of the public prosecutor in criminal proceedings. Special emphasis will be given to procedures for organized crime as a specific area in a criminal justice system especially now when there are significant changes in the criminal proceedings relating to the actions of the public prosecutor and its role in the reform and implementation of the new Law on Criminal Procedure from the year 2013.Until the punishment reforms from 2010, particularly since the end of 2013, when the implementation of the new criminal procedure code, the role of the Public Prosecutor was very important, but not that dominant. The public prosecutor was performing the preliminary investigation but the investigating judge decided on his proposals to direct the investigation, and then the role of decision making was left to the judges. Only after conducting the investigation the public prosecutor could indict or not, and if he did, then it was decided by the judge who handled the case.What had to change was abandoning that classic way of the procedure, on one side, separation of the police and the prosecutors from the courts and delegating certain guidelines fortreatment, and second because the investigative judges were not able to find the way of acting in the process, on the prosecution to be given more dominant role in the whole criminal justice process.The goal to be achieved with this paper is to perceive the role of the public prosecutor to undertake certain actions in the preliminary investigation and during the investigation procedure for the prevention or detection perpetrators of such crimes and whether such new and amended concept of criminal procedure is good, especially in the past procedure and in the investigation procedure. What is his contribution to the efficient and effective enforcement of criminal law policy, what are the pros and cons and where to expect improuvements. We will also try to point out the concrete steps to be taken in order for a more efficient fight against organized crime and protecting of fundamental human rights and freedoms.
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The subject of this paper is the action of the public prosecutor in criminal proceedings. Special emphasis will be given to procedures for organized crime as a specific area in a criminal justice system especially now when there are significant changes in the criminal proceedings relating to the actions of the public prosecutor and its role in the reform and implementation of the new Law on Criminal Procedure from the year 2013.Until the punishment reforms from 2010, particularly since the end of 2013, when the implementation of the new criminal procedure code, the role of the Public Prosecutor was very important, but not that dominant. The public prosecutor was performing the preliminary investigation but the investigating judge decided on his proposals to direct the investigation, and then the role of decision making was left to the judges. Only after conducting the investigation the public prosecutor could indict or not, and if he did, then it was decided by the judge who handled the case.What had to change was abandoning that classic way of the procedure, on one side, separation of the police and the prosecutors from the courts and delegating certain guidelines fortreatment, and second because the investigative judges were not able to find the way of acting in the process, on the prosecution to be given more dominant role in the whole criminal justice process.The goal to be achieved with this paper is to perceive the role of the public prosecutor to undertake certain actions in the preliminary investigation and during the investigation procedure for the prevention or detection perpetrators of such crimes and whether such new and amended concept of criminal procedure is good, especially in the past procedure and in the investigation procedure. What is his contribution to the efficient and effective enforcement of criminal law policy, what are the pros and cons and where to expect improuvements. We will also try to point out the concrete steps to be taken in order for a more efficient fight against organized crime and protecting of fundamental human rights and freedoms.
Key concepts: Public prosecutor, Punishment (psychology), Criminal procedure, Criminal justice, Political science, Law, Action (physics), Criminal law