Criminal Procedural Function of the Prosecutor when Terminating a Criminal Case with the Imposition of a Court Fine

Abstract

In the article is analyzed the role of the prosecutor in terminating a criminal case with the imposition of a criminal law measure in the form of a court fine. Attention is drawn to the fact that the traditional understanding of procedural functions can be changed in relation to this participant in criminal proceedings when it comes to releasing a person from criminal liability. The reason is the processes of functional convergence, which contribute to the unification of the supervisory function and the function of criminal prosecution when deciding to terminate a criminal case with the imposition of a court fine. The participation of the prosecutor is mandatory in the court hearing when a criminal case is terminated on this basis; the prosecutor also approves the request of the investigator, due to the fact that today only the court can impose a court fine, but the criteria by which the decision is made cannot be objectively established in criminal law, therefore the prosecutor acts as an additional guarantee of the protection of the rights of participants in criminal proceedings and the legality of the court decision.