Новине у регулисању уставног положаја јавног тужилаштва са посебним освртом на самосталност
New Amendments Regulating the Constitutional Position of the Public Prosecutor's Office With Special Impact on Its Autonomy

Author(s): Gordana Krstić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Constitutional revision; Judiciary; Public prosecutor; Autonomy; Hierarchy;
Summary/Abstract: This paper deals with the public prosecution office in organizational and personal terms through the prism of the recent changes to the Constitution and the Law on Public Prosecution Office in the Republic of Serbia. Since the Criminal procedure code came into effect in 2011, the public prosecutor has assumed the role of leading the pre-investigation procedure and the conducting the investigation. However, in previous years, a noticeable gap existed between the new procedural powers and the normative position of the public prosecution office and public prosecutors. Amendments to the Constitution from 2022 sought to remove these disagreements while affirming the autonomy of the public prosecution office, as a judicial body, which should be a representative of justice, not the government, and an organ that will objectively, impartially and effectively prosecute the perpetrators of criminal and other punishable acts that will also protect the public interest. For the first time, the former deputy public prosecutors, thereby strengthening their position. At first glance, some changes to the constitution, like those that protect the personal independence of public prosecutors, may not seem very important when mandatory instructions are written into the law. However, these changes clearly show the direction of big changes and stress how important it is to strengthen the public prosecution while reducing centralization and interference within insitutions. With the passage of time, we should expect a strengthening of the personal independence of the public prosecutors and a weakening of hierarchical subordination, which will represent an exception in the functioning of the public prosecution and, at the same time, ensure a stable concept of the rule of law.

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