Preliminary communication
https://doi.org/10.54070/hljk.30.2.14
The Role and Status of the Police as Prosecutors in Misdemeanour Proceedings
Hrvoje Filipović
; MUP RH
Damir Juras
Davor Posilović
Abstract
In this paper, the authors comprehensively analyse the application of the Misdemeanour
Act with the legal institutes applied by the police as prosecutors. The crucial question in the
paper relates to the understanding of the actual role of prosecutors, namely whether we can at
all equate this role with the significance that a public prosecutor has in criminal proceedings.
The Misdemeanour Act contains many provisions from European legislation, the Criminal
Procedure Act, the Criminal Code, and indeed has imposed numerous obligations on authorities to act at a higher level, with the most significant innovations being evident in the role of
prosecutors. Therefore, the paper conducts analyses of the legal institute of prosecutors in
misdemeanour proceedings through historical, normative, and empirical research to provide
an answer to the central question of the (non-)application of the prosecutor’s role. The most important part of the paper encompasses the research of police and judicial practices in offences
against public order and peace, domestic violence, disorders at sports competitions, assisting
illegal migrations, and driving under the influence of alcohol. Considering the significant role
that the legislator has granted to prosecutors in misdemeanour proceedings, this comprehensive research will provide a retrospective of the position and role of prosecutors, with proposals
for further aligning the role of misdemeanour prosecutors with that of public prosecutors in
criminal proceedings.
Keywords
Hrčak ID:
313091
URI
Publication date:
5.12.2023.
Visits: 321 *