Review article
Some characteristics of the injured party as a subsidiary prosecutor (in criminal procedure law in the Republic of Serbia)
Zoran S. Pavlović
Abstract
Considering its specific position both de lege lata and de lege ferenda, the injured party as subsidiary prosecutor in criminal procedure law has not undergone significant change, even with the current latest amendments. However, dynamic social development and overall change which are occurring demand greater attention when protection of both the rights of the accused are of the injured party is concerned. The injured party as subsidiary prosecutor is an institution which offers the foundation for diminishing or removing the effects of possible illegal activity by the state attorney. It also affords the injured party protection of rights which have been infringed or threatened by the criminal acts which are being officially prosecuted. Does conflict among certain state authorities occur? Furthermore, do all injured parties, regardless of whether public or private interest is concerned, have the same rights and duties as subsidiary prosecutors? The positive role of this institution is emphasised as a potential means for correcting the activity of the state attorney. Finally, the author offers concluding observations in order that, with the existing regulations and until further change takes place, the described situations could be avoided together with a brief analysis of comparative solutions.
Keywords
subsidiary prosecutor; controlling the activity of the state attorney; reform of criminal procedure law
Hrčak ID:
86838
URI
Publication date:
17.9.2012.
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