The role of the public prosecutor's office in special court proceedings and consideration of changes in related legislation
Abstract
The presented article reflects on the role of the public prosecutor's office in special court proceedings and on whether the legal regulation is correctly conceived in this context, or whether, on the contrary, it would be appropriate to amend the related legal regulations. It is considered whether the role of the public prosecutor in special court proceedings is clearly defined, as is the case, for example, in criminal proceedings, where the public prosecutor is the master of the dispute in the preliminary proceedings (dominus litis) and a party in the proceedings before the court, or whether this role vice versa is not clearly defined.
The presented text works first with theoretical knowledge and with the analysis of legal regulations and doctrine. This theoretical introduction is followed by two case studies from the author's own experience as a public prosecutor. Finally, by synthesizing the theoretical and casuistic parts, the author tries to answer the academic question and justify his point of view.
The presented article then not only evaluates the role of the public prosecutor's office in special court proceedings, but also the conceptual definition of this role and whether the legislator gave the public prosecutor the necessary tools to fulfill it. In this way, the text covers the given topic comprehensively and evaluates the individual sub-topics in mutual contexts, which are further elaborated gradually throughout the article.
The contribution of the subject text can be precisely in the combination of an academic and a practical point of view, where the author's own experience enriched with elements of academic work enables a relatively comprehensive evaluation of the mentioned issue with a possible impact on practice and legislative activity.