Prosecutor's advice: Public actors to refrain from statements that could be perceived as a threat to prosecutors

Referring to prosecutorial action in a certain direction, interceding within the competence of the State Prosecutor's Office, as well as taking credit for achieved results, by nature endanger the impartiality and independence of the State Prosecutor's Office proclaimed by the Constitution and the law, the Prosecutorial Council points out.

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From one of the sessions of the Prosecutor's Council, Photo: Luka Zeković
From one of the sessions of the Prosecutor's Council, Photo: Luka Zeković
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

The Prosecutor's Council (TS) called on all public actors to refrain from statements that could be perceived as a threat of retaliation against prosecutors and heads of state prosecution offices.

The TS, after the session of that body, announced that they expect responsibility and refrain from public statements in which state prosecutors are invited to make or not make a certain decision in specific cases.

"At the same time, TS calls on all public actors to refrain from making statements that could be perceived as a threat of retaliation against state prosecutors and heads of state prosecutions, because of the actions and decisions they have taken," the statement said.

As stated, this is particularly noticeable in relation to the actions of the Special State Prosecutor's Office (SDT).

TS pointed out that calling for prosecutorial action in a certain direction, interceding in the competence of the State Prosecutor's Office, as well as taking credit for achieved results, by nature threaten the impartiality and independence of the State Prosecutor's Office proclaimed by the Constitution and the law.

They added that these calls undermine the integrity of state prosecutors and the State Prosecutor's Office.

"TS expects representatives of the legislative and executive authorities, as well as all public officials, not to mislead the public with their statements that they have influenced and that they can in general influence the making of a prosecutor's decision or the undertaking of any action by the prosecutor's office," the statement says. .

TS called on all social actors to respect the presumption of innocence, as well as to refrain from demanding the privileged position of suspects, in any case.

They pointed out that it is the prosecutor's right to propose detention, and that the court decides on that proposal, whose decision can be appealed.

"TS expects the heads of state prosecution offices to ensure efficient handling of detention cases, and from state prosecutors to propose custody orders with the greatest degree of attention, only exceptionally and in accordance with the Constitution and the law and the standards of the European Court of Human Rights", stated the TS .

As they added, they expect the heads of state prosecutor's offices to provide adequate, timely information to the public about the actions they undertake, with explanations of the decisions made, especially in cases of special interest to the public.

"TS encourages state prosecutors to continue to make decisions in cases independently and efficiently, according to the principle of legality and equality, and to act exclusively in this way, to improve the results in the prosecution of perpetrators of criminal offenses, especially in the field of corruption, despite the various messages presented to the public. and organized crime," the statement said.

The Court of Justice pointed out to all institutions the obligation to create the conditions for a trial within a reasonable time, especially in cases based on SDT indictments.

"Ultimately, we expect that the respectable attitude of international organizations towards the State Prosecutor's Office will be the basis for further strengthening the fight against organized crime and corruption," the announcement concludes.

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