The court and the prosecutor’s powers in taking custodial measure through legal proceedings

Abstract

This article is written to analyse court and prosecutor’s powers in applying a custodial measure, to observe the introduction of specialized (investigative) judges, to look at the possibilities of procedural law improvement in the sphere of custodial measures. In the given article the prosecutor’s powers in court hearing while applying custodial measure were examined. This work voices the opinion that since the court has a juridical control function during a pre-trial investigation, this function must be institutionalized and a corps of investigating judges must be formed. It is being explained the suggestion to commute a sentence with a primary applying as “1 month detention”. The article was also arrives at a conclusion that the prosecutor’s task in applying a measure of restraint in juridical procedure is the supervisory action over the criminal procedural law while applying a measure of restraint; however a prosecutor’s attitude can be developed only during the court hearing after both sides’ arguments and elements of claims will be heard. A prosecutor, through his overriding concern in applying a measure of restraint, lies under the obligation to take part in the trial discussing this question but he is not bound by an investigator’s opinion and has a right, if eligible, not to support his application. A prosecutor does not provide a criminal prosecution function in pre-trial criminal procedure. Refs 8.