Review article
https://doi.org/10.54070/hljk.28.2.16
Application of the Principles of Opportunity, Negotiation, Compromise and Warning by the Police as the Authorised Prosecutor Before Initiating Misdemeanour Prosecution
Hrvoje Filipović
; Visoka policijska škola, Zagreb, Hrvatska
Abstract
The author questions the level of recognition and relevance of legal notions such as opportunity, insignificant misdemeanour, negotiation and warning before initiating misdemeanour proceedings. The paper also raises the question of why there are numerous legal notions in the Misdemeanour Act that are (not) applied or are applied in a small number of cases. As a problem related to the previous hypothetical question, the author finds that the prosecutor in misdemeanour proceedings has not yet gained in importance to the same extent as the prosecutor in criminal proceedings, and will probably never reach the level of state attorney whose primary duty it is. The paper includes research on the application of these important legal notions in all police administrations in the country, from which the hypothesis on the level of recognition and relevance of these notions will be visible and substantiated.
Keywords
opportunity; insignificant offense; negotiation and compromise; warning
Hrčak ID:
275247
URI
Publication date:
1.12.2021.
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