INSTITUCIONALNI I PRAVNI POLOŽAJ TUŽIOCA PREMA ZAKONU O KRIVIČNOM POSTUPKU BOSNE I HERCEGOVINE
INSTITUTIONAL AND LEGAL STATUS OD PROSECUTOR IN CRIMINAL PROCEEDINGS IN BOSNIA AND HERZEGOVINA

Summary/Abstract: The author in the paper gives determinants on a position and actions of a prosecutor in a criminal proceeding in Bosnia and Herzegovina through comprehensive and systematic legal analysis of the prosecutor action at different stages of criminal proceeding. Within the frame of these determinants, the author elaborates the reform of criminal proceeding which was implemented in 2003, by which a new model of criminal proceeding was established, which has been substantially different from the previous mixed European-continental proceeding. A special emphasis is given to novelties which were introduced in our criminal procedure law, and which are related to the position of a prosecutor. With this respect, rights and obligations of prosecutor are scrutinized as well as the question whether totality of his rights and obligations can successfully meet the expectations of the community in the fight against criminality, but also in the protection of fundamental human rights and freedoms of citizens in one criminal proceeding because prosecutor with his new powers goes beyond the function of criminal prosecution, along with a concern for making the right and lawful judicial decision, which particularly in relation to a victim or the injured party is inevitably built.

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