SUPSIDIJARNA TUŽBA I PRIJEDLOG OŠTEĆENOG ZA KRIVIČNO GONJENJE- UPOREDNOPRAVNI OSVRT
SUBSIDIARY CLAIM AND PROPOSAL OF THE DAMAGED PERSON FOR CRIMINAL PROSECUTION - COMPARATIVE LEGAL REVIEW

Summary/Abstract: The subsidiary claim is a very powerful legal tool in the hands of the injured party and a corrective to the work of the public prosecutor in order to legally and properly make decisions regarding the initiation of criminal prosecution. The injured party’s proposal for criminal prosecution is a procedural prerequisite without which criminal proceedings cannot be initiated for those criminal acts that primarily affect his personal interest, and only then the public interest. In Bosnia and Herzegovina, after the reform of the criminal procedural legislation in 2003, the position of the injured party aggravated, because his rights were significantly reduced, which especially refers to his possibility to participate in criminal proceedings as a subsidiary prosecutor. In the meantime, a proposal for criminal prosecution and the possibility of the injured party to participate in the proceedings as a subsidiary prosecutor were introduced in the Republic of Srpska, but only after the the indictment has been confirmed. In contrast, in the Federation of Bosnia and Herzegovina and Brčko District of Bosnia and Herzegovina, the public prosecutor is the only authorized prosecutor, while the injured party has a complaint at his disposal, as a much weaker legal remedy compared to the subsidiary claim, which he submits to the prosecutor’s office. For the purposes of this work, the author mainly used the normative and comparative method to evaluate the relevant provisions for the two institutes in certain countries, and at the end he gives a critical review of the domestic legislation and de lege ferenda proposals in order to improve the position of the injured party.

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