The competence of the prosecutor and the hierarchically superior prosecutor as the leader of the criminal prosecution

Abstract

The respective scientific article is dedicated to the research and, therefore, highlighting the role and importance of the prosecutor and the superior hierarchical prosecutor as the leader of the criminal investigation in the criminal process. Ensuring the legality of the criminal prosecution activity carried out by verifying and controlling this activity, as well as respecting the principle of proportionality of the criminal prosecution actions carried out within the criminal prosecution, constitute the direct attribution of the criminal prosecution officer, the prosecutor and the investigating judge and belong to the functional competence of these subjects. Therefore, the criminal investigation officer, the prosecutor and the investigating judge in the criminal process are the most important figures, the fate of all other participants in the criminal process and the criminal process as a whole depends on the legality, validity and completeness of their actions. The role and tasks of prosecutors, both in the field of criminal justice and outside it, should be defined in legislation at the highest possible level and be carried out in strict compliance with the democratic principles and values of the Council of Europe. The direct aim of the study is the examination of the role and importance of the prosecutor and the senior prosecutor as the leader of the criminal investigation in the criminal process, because management based on organization, monitoring and coordination is in itself the key element of the activity carried out and leading to the achievement of an expected result. The indirect aim of the respective study is to increase the efficiency of the prosecutor and the superior hierarchical prosecutor as the leader of the criminal prosecution in the process of organizing, monitoring and coordinating the actions of the criminal prosecution officer when carrying out the criminal prosecution on a certain case. A goal that can be achieved through the definition of the basic directions of the activities of these subjects in the framework of the criminal investigation, as well as the realization of a comparative study between the competence of the head of the criminal investigation body and the prosecutor, where the latter has certain attributions of carrying out a procedural control over the activity of the criminal investigation officer and not managerial. The objectives of this scientific article consist in defining the basic directions of the activity of the prosecutor and the superior hierarchical prosecutor as the leader of the criminal investigation; establishing their role in the process of organizing, monitoring and coordinating the actions of the criminal investigation officer in the exercise of the criminal prosecution and, last but not least, carrying out a comparative study between the competence of the head of the criminal investigation body and the prosecutor, where the latter has certain attributions of carrying out a procedural control over the activity of the criminal investigation officer and not managerial. As a result of the study, it constitutes the research of the scientific works of the authors, which will contribute to the knowledge and understanding of the importance of achieving a rigorous control and, as a result, effectively by the prosecutor and the superior hierarchical prosecutor as the leader of the criminal investigation.