NCJ Number
90755
Journal
Revija za Kriminalistiko in Kriminologijo Volume: 26 Issue: 2 Dated: (April-June 1975) Pages: 103-108
Date Published
1975
Length
6 pages
Annotation
The public prosecutor's work has shown that the so-called 'principle of opportunity' as set forth in Article 429 of the Code of Criminal Procedure does not provide for an adequate application of its rule.
Abstract
The author stands for broadening the possibility of using this principle for the public prosecutor's work. He should have the possibility to decide on dismissal of a case based on this principle for all offenses for which the communal court has authority (i.e., offenses for which the Criminal Code provides for a maximum penalty of 5 years for adults). As far as the more serious offenses are concerned, this right should be given only in cases of offenses committed by negligence. The principle of opportunity should be introduced also within the provisions of Article 438 of the Code of Criminal Procedure. The public prosecutor should have the possibility to propose dismissal of a case regardless of the maximum penalty provided for it. Such broadening of the public prosecutor's rights is needed, especially because under present conditions, criminal proceedings for juvenile recidivists have to be introduced but have no effect because educational measures have already been applied in previous proceedings. (Author summary modified)