Discretionary powers of the prosecutor regarding criminal prosecution of a person in Ukraine and foreign states
Ескіз недоступний
Дата
2025
Автори
Назва журналу
Номер ISSN
Назва тому
Видавець
Національні інтереси України
Анотація
The article examines the essence of the prosecutor's discretionary powers regarding the criminal prosecution of a person, the practice of their application in Ukraine and certain foreign countries, in particular, the USA, France, Belgium, Switzerland, Japan and Taiwan. Foreign experience shows a steady trend towards simplification of criminal proceedings at the stage of pre-trial investigation. In many foreign countries, in order to simplify and expedite criminal proceedings, prosecutors are granted broad discretionary powers to decide on the initiation and termination of criminal prosecution of persons suspected of committing criminal offenses. Such powers can mainly be exercised in proceedings concerning criminal offenses that are not serious. The national criminal procedural legislation does not provide for broad discretionary powers of the prosecutor regarding the criminal prosecution of a person suspected of committing a criminal offense. The prosecutor cannot, at his own discretion, without grounds provided for by law, terminate the criminal prosecution of a person or change the qualification of the committed act. This approach is due to the operation of the principle of publicity. At the same time the criminal justice system of Ukraine can borrow the experience of foreign states in such simplification of criminal proceedings, but it is impossible to implement this without expanding the powers of the prosecutor to refuse to prosecute a person who has committed a criminal offense. For example, the models of «termination of criminal prosecution» in Belgium, «fine by agreement» in France, postponement of criminal prosecution» («prosecutor’s probation period») in Taiwan, etc., could well be implemented in national criminal procedural legislation. The common content of such procedures is that the prosecutor has the authority to terminate criminal prosecution of a suspect provided that he fulfils the obligations specified by law or the prosecutor (for example, full and unquestionable admission of guilt in committing the incriminated criminal offense, payment of a certain amount of money, compensation for the damage caused by the offense, undergoing a course of treatment, performing socially useful activities, etc.).