| Abstract [eng] |
SUMMARY The attitude of Constitution that the prosecutor upheld charges on behalf of the State in criminal cases doesn’t stop the legislative (according to those who interests are violated, to the crime attributions, insecurity, degree and other features, the aggrieved party’s will and other important factors) to set such legal regulation that in some cases the charges on behalf of the State in criminal cases are not uphold. In the criminal procedure code, without general model of the criminal procedure, are estimated the singularities of criminal procedure, when pre-trial research is initiated only by the aggrieved party’s complaint, by the application of legal representative or the demand of the prosecutor when cases are on trial for the crimes committed by the legal persons; when are applied coercible medicine measures; when the case process is summarized, when the defendant is absent and other. One of specific criminal procedure sorts set in the criminal procedure code is the private charge cases process. The private charge cases process is specific solution method of legal conflicts when the criminalization of conflict and prosecution is determined not by the states officers but by the will of aggrieved party to apply to the competitive states institutions that the criminal procedure would be started; and till the persons who are indictable committed a crime conviction or not, the parties of conflict have an opportunity to conciliate and so to make legal assumptions to discontinue criminal process. Private charge is closely related with the charge on behalf of the state because in some cases the conversion between these two charges is possible. In scientific literature the relation between private charge and charge on behalf of the state is little analyzed, that is why this theme is new and actual. The work consists of three chapters, in which are supplied the notions of private charge and charge on behalf of the state, widely analyzed the relation between it. |
