| Abstract [eng] |
Problem of Relationship between Public and Private Prosecution in Criminal Procedure The concept and significance of prosecution's function is revealed in the first part. A few prosecution forms and their implication basis are being discussed, also their main attributes are explored. The second part presents the analysed features of private prosecution institutes, taking attention into the aspects of historical formation of private prosecutor. The main differences between the public and private prosecution features and the requirements made to them are being discussed. The third part presents the transition from the private prosecutor to the public prosecutor, and vice versa - the transition from the public prosecutor to the private prosecutor, their basis and conditions. Despite that, analysed criminal cases allows indicate which difficulties are mostly encountered during these procedures. The forth part presents the advantages and disadvantages after performing the analysis of court practice, statistical data and survey of different opinions of layers. After the analysis of criminal cases, law literature and comparing private prosecution aspects regarding the public prosecution, conclusion can be made, that the presence of private prosecutor in process is problematic and complicated. The most difficulties are encountered in the substantiation process, when private prosecutor, compared to the procurator, has limited abilities to obtain and record the evidence, as well to present the complaint to the court because in most of cases it is turned back as inapplicable regarding the requirements of criminal procedure code. After investigation of prosecuting form changing situations we can state that in cases when the aggrieved encounters the problems in the private prosecution process, the state provides an exception which conveniently ensures the person's rights and interests. It is the chance of transition from private prosecution to public prosecution, and vice versa – from the public prosecution to private that ensures that person's rights will be appropriately defended and realized. The analysis of criminal cases, statistical data and revising different lawyers opinions brought to a conclusion that there some options regarding the fate of the private prosecution institute. First option is eliminating private prosecution institute, leaving prosecutor's role only for the procurator, the second option is retaining prosecutor institute in the law system, but filling the missing parts of this process, so it could operate properly. |
