The position of Prosecutor in preparatory proceedings

Abstract

The paper deals with the topic of the position of prosecutor in preparatory proceedings. In order for the paper to fulfill its stated goal, it is mainly devoted to the examination and description of the legislation related to the topic of the paper. The paper consists of two consecutive, relatively separate parts. The first part briefly focuses on the position of the prosecutor in the preparatory proceedings. The second part of the article focuses mainly on the area of decisions issued by the prosecutor in the preparatory phase. Thus, in particular, which decisions these are, and also the author in this section offers the conditions under which the prosecutor may proceed to issue said decisions. At the end of the article, the task of its authors is to try to critically evaluate the current legislation and also to point out some theoretical and application problems related to the position of prosecutor in preparatory proceedings. In this part of the article, the authors also present several propositions in the form of „de lege ferenda“.