Status and the Role of the Prosecution to Main Trial

Abstract

By reform of the criminal procedure code in BIH in 2003 the conducting of criminal investigations has been delegated to the prosecutor. This inevitably led to changing the role of the prosecutor at the main trial because the burden of proof is on the prosecutor. So eventual failures during investigation are reflected at the main trial, and finally influence the outcome of the criminal procedure and of the judge’s decision. At the same time, a prosecutor has an obligation to treat the other side within the proceedings in an equal manner, and is required by the law to evaluate the evidence that is not favourable to the suspect as well as the evidence that is favourable to the suspect. After a prosecutor finishes with his/her investigation, collects evidence and files an indictment, a main trial follows for the prosecutor. At the main trial, the prosecutor’s legal, tactical and oral advocacy skills will be needed at because at the trial, that is open to public, everything comes to light, everything comes at critics in contrary with investigation that is conspirative and by large rely on police, and encompasses investigative-criminology component. This article will provide a clear understanding for the public the role of the prosecutor as a state organ and as a party to the proceedings. At the same time, it will contribute to a better understanding of his or her challenges and the problems faced by him or her. It can also be a useful reading for practitioners and future prosecutors and judges.