Godišnjak Fakulteta bezbednosti (Jan 2019)
Misdemeanor prosecution takeover in misdemeanor proceedings
Abstract
The author considers the institute of the takeover of misdemeanor prosecution in misdemeanor proceedings. Following the introductory remarks, the characteristics of the authorized prosecutors in the misdemeanor procedure are discussed in general terms: the public prosecutor, the authorized body and the injured party. The author has analyzed the various ways of taking over the misdemeanor prosecution by the mentioned authorized prosecutors. Some irrelevant legal solutions, inaccuracies and gaps in the legal text were pointed out. In the author's opinion, the legislator's omissions may be corrected by the appropriate application of the Criminal Procedure Code, which regulates this matter in more detail. However, this activity must be approached with care regarding the essential characteristics of the particular offenses in the Law on Misdemeanors related to the institute under consideration. The paper also points to the application of the principle of the help to a party that requires legal assistance in relation to the injured party as an authorized prosecutor. It is the author's view that the amendments to the Law on Misdemeanors should regulate the institute of takeover in misdemeanor prosecutions in more detail.
