Nekontrolisana tužilačka moć
Uncontrolled Prosecutorial Power

Author(s): Branko Perić
Subject(s): Law, Constitution, Jurisprudence, Public Law, Criminology, Corruption - Transparency - Anti-Corruption
Published by: Fondacija Centar za javno pravo
Keywords: uncontrolled prosecutorial power; supervision; prosecutors; violation of law by prosecutors; transparency; investigation process;
Summary/Abstract: The author discusses the issue of uncontrolled prosecutorial powers through an analysis of manifestations of abuse of prosecutorial powers in the segments related to granting immunity, concluding guilty plea agreements, witness intimidation, elimination of defense attorneys from criminal proceedings, undercover investigator’s inciting suspects to commit criminal offenses, and charging the accused repeatedly for the same facts, concluding that it is necessary to have an efficient control of the exercise of prosecutorial powers in order to check these tendencies and secure lawful prosecutorial operations. At the same time, the author puts forward, in the form of theses for consideration, certain proposals as to the ways in which it is possible to exercise control of prosecutorial powers, while avoiding the risk of jeopardizing prosecutorial independence. In that regard, the author points to possible amendments to the criminal code (incrimination of violations of law by prosecutors), introduction of internal and external control mechanisms, as well as broader judicial powers in supervising the investigation process.

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