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Cuvinte-cheie "Milica Kolaković-Bojović"

Prosecutorial Discretion and Legal Predictability


Publicat în: Journal Of Eastern European Criminal Law no. 2/2019

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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 [vezi tot]

Vizualizări 93

Autonomy of Public Prosecution Service. The Impact of the “Checks and Balances” Principle and International Standards


Publicat în: Journal Of Eastern European Criminal Law no. 2/2017

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Abstract: The specific role and duties of the public prosecution service in representing state interests and defending human rights requires careful balancing its autonomy and/or competences stipulated by constitution and laws. Significant influence with this regard have international standards arising from the Venice Commission practice as well as the Committee of Ministries recommendations. The specific context where this process of balancing become more important and more visible exists within accession negotiations for the membership in the EU but also in the EU itself due to [vezi tot]

Vizualizări 102