Izvorni znanstveni članak
https://doi.org/10.54070/hljk.32.2.10
THE STATE ATTORNEY IN MISDEMEANOUR PROCEEDINGS: NORMATIVE FRAMEWORK AND PRACTICE
Marin Bonačić
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
*
Silvia Lončar
orcid.org/0009-0000-4591-5931
; Općinsko kazneno državno odvjetništvo u Zagrebu
*
* Dopisni autor.
Sažetak
According to the Constitution of the Republic of Croatia, the State Attorney’s Office of the
Republic of Croatia is also responsible for prosecuting perpetrators of misdemeanours. In misdemeanour
proceedings, the state attorney is one of the authorised prosecutors, with parallel
jurisdiction to prosecute all misdemeanours and, for some misdemeanours, the sole authorised
prosecutor. The paper aims to present the legal position of the state attorney in misdemeanour
proceedings, including which misdemeanour cases they act in, how they act, and the challenges
they encounter. To gain insight into the actions of state attorneys, a study of the cases of the
Municipal Criminal State Attorney’s Office in Zagreb was conducted, which included a review
of all misdemeanour cases in 2022, 2023 and 2024, as well as all initiatives to file requests for
the protection of legality, in relation to which the State Attorney’s Office was requested to give
an opinion on the merits of the request during those years. In addition, cases were investigated in which the state attorney learned of the commission of a misdemeanour based on actions
they carried out in criminal proceedings. For this purpose, the dismissals of criminal charges
and suspensions of investigations by that state attorney’s office in 2023 were analysed in three
groups of cases in which the legal descriptions of criminal offences and misdemeanours partially
overlap. The research demonstrated that prosecutors deal both with cases in which they
are the sole authorised prosecutor and with cases arising from work on criminal files. The
most significant practical challenge identified is the obligation to deliver a written notice to the
defendant, since prosecutors lack adequate tools to ensure proper service. Consequently, future
amendments to the Misdemeanours Act should consider how to enable prosecutors, as well as
other authorised bodies, to meet this procedural requirement. The analysis of the misdemeanour
cases indicated that there is room for broader use of plea agreements and misdemeanour
orders. The second part of the research identified a large number of initiatives to lodge requests
to protect legality in cases of violations of law and fundamental rights in misdemeanour proceedings.
The third component, which examined dismissals of criminal complaints, provided
insights into cases where elements of misdemeanours and criminal offences overlap. A high
accuracy rate in decisions not to initiate misdemeanour proceedings was found in domestic
violence cases (almost 96%), but a low rate in drug offence cases (42.85%), signalling room
for improvement.
Ključne riječi
Hrčak ID:
342384
URI
Datum izdavanja:
1.12.2025.
Posjeta: 507 *