Public prosecutor's decision not to conduct criminal prosecution and to abandon criminal prosecution: Introduction of the ruling of abandoning criminal prosecution

In preliminary proceedings, for which for the purposes of this paper we mean part of the procedure in which authority conducting proceedings is public prosecutor, prosecutor's offices in Serbia have been making decisions for ten years that according to the CPC they can not make. First, decision...

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Autor principal:	Vuković Nikola
Formato:	article
Lenguaje:	EN SR
Publicado:	University of Belgrade - Faculty of Law, Belgrade & Institute of Comparative Law, Belgrade 2021
Materias:	abandoning criminal prosecution dismissal of criminal complaint abandoning criminal charges initiating criminal prosecution. Criminal law and procedure K5000-5582 Social pathology. Social and public welfare. Criminology HV1-9960
Acceso en línea:	https://doaj.org/article/c4b04e2c5b274db880b62747e14b369d
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spelling	oai:doaj.org-article:c4b04e2c5b274db880b62747e14b369d2021-12-05T20:58:24ZPublic prosecutor's decision not to conduct criminal prosecution and to abandon criminal prosecution: Introduction of the ruling of abandoning criminal prosecution2217-219X2683-580010.5937/crimen2102148Vhttps://doaj.org/article/c4b04e2c5b274db880b62747e14b369d2021-01-01T00:00:00Zhttps://scindeks-clanci.ceon.rs/data/pdf/2217-219X/2021/2217-219X2102148V.pdfhttps://doaj.org/toc/2217-219Xhttps://doaj.org/toc/2683-5800In preliminary proceedings, for which for the purposes of this paper we mean part of the procedure in which authority conducting proceedings is public prosecutor, prosecutor's offices in Serbia have been making decisions for ten years that according to the CPC they can not make. First, decisions of dismissal of criminal complaint are made when the prosecutor, after undertaking criminal prosecution in preliminary proceedings for criminal offences for which a fine or a term of imprisonment of up to eight years shall be prescribed as the principal penalty, determines that there is not a sufficient degree of probability that the defendant committed the crime. Second mistake is the decision of dismissal of criminal complaint in a situation when the criminal proceedings began by the issuance of a ruling ordering detention before submitting a motion to indict in summary proceedings. The third mistake is issuing an order discontinuing the investigation after the conclusion of the investigation. In the first and third case, a decision to abandon criminal prosecution should be made and in the second case, the public prosecutor should submit a statement of abandoning criminal prosecution to the judge for the preliminary proceedings after which that judge will issue a ruling discontinuing criminal proceedings.Vuković NikolaUniversity of Belgrade - Faculty of Law, Belgrade & Institute of Comparative Law, Belgradearticleabandoning criminal prosecutiondismissal of criminal complaintabandoning criminal chargesinitiating criminal prosecution.Criminal law and procedureK5000-5582Social pathology. Social and public welfare. CriminologyHV1-9960ENSRCrimen (Beograd), Vol 12, Iss 2, Pp 148-166 (2021)
institution	DOAJ
collection	DOAJ
language	EN SR
topic	abandoning criminal prosecution dismissal of criminal complaint abandoning criminal charges initiating criminal prosecution. Criminal law and procedure K5000-5582 Social pathology. Social and public welfare. Criminology HV1-9960
spellingShingle	abandoning criminal prosecution dismissal of criminal complaint abandoning criminal charges initiating criminal prosecution. Criminal law and procedure K5000-5582 Social pathology. Social and public welfare. Criminology HV1-9960 Vuković Nikola Public prosecutor's decision not to conduct criminal prosecution and to abandon criminal prosecution: Introduction of the ruling of abandoning criminal prosecution
description	In preliminary proceedings, for which for the purposes of this paper we mean part of the procedure in which authority conducting proceedings is public prosecutor, prosecutor's offices in Serbia have been making decisions for ten years that according to the CPC they can not make. First, decisions of dismissal of criminal complaint are made when the prosecutor, after undertaking criminal prosecution in preliminary proceedings for criminal offences for which a fine or a term of imprisonment of up to eight years shall be prescribed as the principal penalty, determines that there is not a sufficient degree of probability that the defendant committed the crime. Second mistake is the decision of dismissal of criminal complaint in a situation when the criminal proceedings began by the issuance of a ruling ordering detention before submitting a motion to indict in summary proceedings. The third mistake is issuing an order discontinuing the investigation after the conclusion of the investigation. In the first and third case, a decision to abandon criminal prosecution should be made and in the second case, the public prosecutor should submit a statement of abandoning criminal prosecution to the judge for the preliminary proceedings after which that judge will issue a ruling discontinuing criminal proceedings.
format	article
author	Vuković Nikola
author_facet	Vuković Nikola
author_sort	Vuković Nikola
title	Public prosecutor's decision not to conduct criminal prosecution and to abandon criminal prosecution: Introduction of the ruling of abandoning criminal prosecution
title_short	Public prosecutor's decision not to conduct criminal prosecution and to abandon criminal prosecution: Introduction of the ruling of abandoning criminal prosecution
title_full	Public prosecutor's decision not to conduct criminal prosecution and to abandon criminal prosecution: Introduction of the ruling of abandoning criminal prosecution
title_fullStr	Public prosecutor's decision not to conduct criminal prosecution and to abandon criminal prosecution: Introduction of the ruling of abandoning criminal prosecution
title_full_unstemmed	Public prosecutor's decision not to conduct criminal prosecution and to abandon criminal prosecution: Introduction of the ruling of abandoning criminal prosecution
title_sort	public prosecutor's decision not to conduct criminal prosecution and to abandon criminal prosecution: introduction of the ruling of abandoning criminal prosecution
publisher	University of Belgrade - Faculty of Law, Belgrade & Institute of Comparative Law, Belgrade
publishDate	2021
url	https://doaj.org/article/c4b04e2c5b274db880b62747e14b369d
work_keys_str_mv	AT vukovicnikola publicprosecutorsdecisionnottoconductcriminalprosecutionandtoabandoncriminalprosecutionintroductionoftherulingofabandoningcriminalprosecution
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Public prosecutor's decision not to conduct criminal prosecution and to abandon criminal prosecution: Introduction of the ruling of abandoning criminal prosecution

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