The Role of the Prosecution Service in the Proceedings before the Court
Chapter III
The Role of the Prosecution Service in the Proceedings before the Court
The prosecution service has the role of dominus litis in the preliminary criminal proceedings, and it has a monopoly over bringing charges to the court. The court cannot deal with any criminal matter when a charge has not been brought. After having brought a charge, the prosecutor becomes a party to an action only. Until commencement of the court trial, he can withdraw the action. Afterwards, all decisions are taken by the independent court, and the prosecutor can only file motions or express opinions about them. While doing so, the court is not bound by the determination of law in the case, by the legal qualification, or by its precise description in the charge (indictment); but it can only hear an act that was subject to the indictment.
During court trial the prosecutor shall not act in favour of the prosecution only but also in favour of the defendant. He can propose an alteration of the legal qualification to a more severe one, as well as to a milder one, and he can even totally withdraw from accusation. The court is not bound by the proposals of the prosecutor after the commencement of a hearing.
The prosecutor is obliged to prosecute all criminal acts about which he has gained knowledge (i.e. the opportunity principle does not apply), except in cases which require the consent of an injured party. Otherwise, the prosecutor has to bring a charge (indictment) against an accused for all the offences that he committed, in accordance with their legal qualification. He can, however, conditionally discontinue, if conditions in the law have been met, or he can approve the pre-trial settlement between the offender and the injured person.
The concept of a cross examination does not exist in Slovak criminal proceedings. After the commencement of a criminal prosecution, the investigator, the police or the prosecutor question the defendant as well as the witnesses. The defense lawyer is allowed to participate in all examinations, and to give questions to the examined persons at the end of the examination. After submission of an indictment, the court examines the accused as well as the witnesses. The defense counsel is allowed to question persons that have given evidence at the end of the questioning.
The main hearing before the court starts with a reading of the indictment by the prosecutor, and it closes with the prosecutor’s final address. In that address, the prosecutor expresses his opinion about the results of the evidence, he also gives his statement about whether the guilt of the accused was proved, and what kind of sentence should be imposed. The court is not bound in any way by the opinion of the prosecutor.
The Role of the Prosecution Service in the Proceedings before the Court
The prosecution service has the role of dominus litis in the preliminary criminal proceedings, and it has a monopoly over bringing charges to the court. The court cannot deal with any criminal matter when a charge has not been brought. After having brought a charge, the prosecutor becomes a party to an action only. Until commencement of the court trial, he can withdraw the action. Afterwards, all decisions are taken by the independent court, and the prosecutor can only file motions or express opinions about them. While doing so, the court is not bound by the determination of law in the case, by the legal qualification, or by its precise description in the charge (indictment); but it can only hear an act that was subject to the indictment.
During court trial the prosecutor shall not act in favour of the prosecution only but also in favour of the defendant. He can propose an alteration of the legal qualification to a more severe one, as well as to a milder one, and he can even totally withdraw from accusation. The court is not bound by the proposals of the prosecutor after the commencement of a hearing.
The prosecutor is obliged to prosecute all criminal acts about which he has gained knowledge (i.e. the opportunity principle does not apply), except in cases which require the consent of an injured party. Otherwise, the prosecutor has to bring a charge (indictment) against an accused for all the offences that he committed, in accordance with their legal qualification. He can, however, conditionally discontinue, if conditions in the law have been met, or he can approve the pre-trial settlement between the offender and the injured person.
The concept of a cross examination does not exist in Slovak criminal proceedings. After the commencement of a criminal prosecution, the investigator, the police or the prosecutor question the defendant as well as the witnesses. The defense lawyer is allowed to participate in all examinations, and to give questions to the examined persons at the end of the examination. After submission of an indictment, the court examines the accused as well as the witnesses. The defense counsel is allowed to question persons that have given evidence at the end of the questioning.
The main hearing before the court starts with a reading of the indictment by the prosecutor, and it closes with the prosecutor’s final address. In that address, the prosecutor expresses his opinion about the results of the evidence, he also gives his statement about whether the guilt of the accused was proved, and what kind of sentence should be imposed. The court is not bound in any way by the opinion of the prosecutor.
