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  1. 1 Ius Novum

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  1. 1 Stafanski R. A.

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PUBLIC PROSECUTOR'S COMPETENCE IN CRIMINAL CASES

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Stafanski R. A.
Ius Novum
|
2009
|
issue 2
45-63
EN
The subject matter of the article is the public prosecutor's competence to conduct preparatory proceedings and to take part in the jurisdiction proceedings. The author criticizes the lack of a statutory definition of the prosecutor's competence to conduct or supervise preparatory proceedings and he calls for its definition in the criminal proceedings code in a similar way to court's competence. He proposes that prosecutors of the district public prosecutor's office could conduct and supervise investigations into crimes within the competence of a district court, and prosecutors of the departments for organized crime could conduct and supervise investigations into terrorism, organized crime and bribery. Territorial competence would depend on the location of the scene of crime. It would be necessary to exempt the competence of the Public Prosecutor General or the Country Prosecutor to decide on public prosecutor's competence to conduct preparatory proceedings. In case of public prosecutor's competence to take part in judiciary proceedings, there should be a rule that a public prosecutor taking part in judiciary proceedings should be from the public prosecutor's office whose prosecutor conducted preparatory proceeding or from a superior unit
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