THE ROLE OF THE PUBLIC PROSECUTOR IN CRIMINAL PROCEDURE

Veljanoska, Svetlana and Dukoski, Sasa (2017) THE ROLE OF THE PUBLIC PROSECUTOR IN CRIMINAL PROCEDURE. International Journal Knowledge, 16 (1). pp. 251-257. ISSN ISSN 1857-923Х

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Official URL: http://ikm.mk/16.1.pdf

Abstract

The subject of processing this paper is the actions of the Public Prosecutor in the criminal procedure. Special consideration will be given to organized crime procedures as one specific area in the penal-law system, especially now that there are significant changes in the criminal procedure related to the actions of the Public Prosecutor and his role in the reforms and the application of the new Criminal Procedure Code 2013 year.
Until the penal reforms of 2010, more precisely from the end of 2013, when the implementation of the new Criminal Procedure Code began, the role of the Public Prosecutor was significant, but not so dominant. The public prosecutor worked on the pre-trial procedure, but the investigating judge decided on his proposals and led the investigative procedure, and then the role for passing the judgments was left to the judges. Only after the conducted investigation procedure the Public Prosecutor was able to file an indictment or not, and if it was submitted, the judge acting on the case decided upon it.
What had to be changed was the abandonment of that classic way of conducting the procedure, on the one hand, separating the police and the prosecution from the courts and delegating certain directions for acting, and on the other hand, due to the failure of the investigating judges in the whole process - to give the prosecution a dominant role in the entire criminal justice process.
The goal to achieve with this paper is to understand the role of the Public Prosecutor for taking certain actions in the pre-investigative and investigative procedure for the prevention or detection of perpetrators of this kind of criminal offenses, and whether such a new and changed concept of criminal procedure is good , especially in the part of the previous and the investigative procedure. What is its contribution to the efficient and effective implementation of the penal law policy, which are the pros and cons and where improvement can be expected. We will also try to point out the specific steps that need to be taken with the aim of more effectively combating organized crime andprotecting fundamental human freedoms and rights.

Item Type: Article
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Mr Mladen Kradzoski
Date Deposited: 11 Feb 2019 12:16
Last Modified: 11 Apr 2019 11:06
URI: https://eprints.uklo.edu.mk/id/eprint/1418

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