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Conciliation Hearing and the Presumption of Waiver of Prosecution under the Code of Criminal Procedure
Abstract
The article analyses of the detailed regulation of penal-procedural issues related to proceedings conducted on the basis of private prosecution, which is associated with procedural consequences for a private prosecutor in the situation of application of the presumption of waiver of prosecution. While considering the legitimacy of the legislative solutions in this respect, the author also presents basic information related to such institutions of criminal proceedings as the conciliation hearing and the complainability of private prosecution proceedings related to the withdrawal of the complaint. The aim is to determine whether the existing linking of case dismissal unjustified non-appearance of the accuser at the conciliation hearing is an adequate normative reaction in comparison with the degree of breach of procedural obligations. The author therefore aims to determine whether the obligation of the private prosecutor to be active at the pre-trial stage is not too far-reaching, and whether the consequences of the prosecutor’s inactivity do not deprive him or her of due and sufficient legal protection in asserting his or her own rights.
Keywords:
private prosecution, conciliation hearing, waiver of prosecution, case dismissalDetails
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