Autor: Milica KOLAKOVIĆ-BOJOVIĆ,Elena Ilovska KEČERI,Rejhan KURTOVIĆ
Publicat în: Journal Of Eastern European Criminal Law no. 2/2019
Revistă disponibilă: aici.
Abstract: The ability of every citizen to predict the outcome, but also the main parameters (e.g. length and costs) of judicial procedure constitutes the backbone of legal predictability, together with transparency of laws and court jurisprudence. However, widening competences of public prosecutors in order to allow them to dismiss a case based on application of the opportunity principle or just based on assess that there are no enough evidences that suspect committed a crime opens the floor for transferring a significant portion of cases out of judicial competences. Therefore, an issue of legal predictability and uniform application of law is not anymore reserved only for judicial decision-making processes. In this article, the authors analyses the modalities of prosecutorial discretion in light of legal predictability considering varieties of criminal procedure models as well as of public prosecution autonomy and/or independences. The special focus, authors put on efforts of the Council of Europe and its consultative bodies made in order to establish minimal standards that should ensure that prosecutorial discretion is not an act of arbitrariness. Finally, authors analyses the relevant provisions of Serbian legislation that deal with prosecutorial discretion and mechanisms to control it.
Keywords: principle of opportunity; criminal procedure; prosecutorial discretion; legal predictability.