Other defense options

Incentive for supervision

Supervision over the compliance with the legality in the pre-trial proceedings is conducted by the public prosecutor. He has a wide range of rights for this.

In order to verify facts indicating that a criminal offense has been committed, the

public prosecutor is particularly authorized to:

a) request files from the police authority authority, including files in which criminal proceedings have not been initiated, documents, materials, and reports on the procedure for examining reports,

b) remove any case from a police authority and arrange for the matter to be ordered to another police authority,

c) temporarily adjourn the initiation of criminal prosecution.

In addition, the public prosecutormay in particular:

a) give binding instructions for the investigation of criminal offences,

b) request files, documents, materials and reports on committed crimes from the police authorities for the purpose of review whether the police authority initiates criminal prosecution in a timely manner and proceeds properly in it,

c) participate in the execution of the actions of a police authority, to personally perform an individual action or even the entire investigation and issue a decision in any matter; while proceeding in accordance with the provisions of the Criminal Procedure Code for a police authority, and against its decision a complaint is admissible to the same extent as against a decision of a criminal proceedings authority,

d) return the matter to the police authorities with instructions for supplementation,

e) repeal illegal or unjustified decisions and measures of the police authorities, which may replace them with their own; in the case of a resolution to adjourn the matter, he may do so within 30 days of delivery; if he replaced the decision of the police authority with his own decision other than on the basis of a complaint by an authorized person against the decision of the police authoritiy, a complaint against his decision is admissible to the same extent as against the decision of police authority ,

f) to order that the actions in the matter be carried out by another person in active service of the police authority.