The prosecutor is free to decide whether to initiate an investigation

According to the current model of prosecutorial investigation, the prosecutor has enormous power over which there is no mechanism for either internal or external control (Law on Public Prosecutor’s Offices of the Republic of Srpska (Official Gazette of the Republic of Srpska No. 69/2016)). The prosecutor is free to decide whether to initiate an investigation, against whom he will open an investigation, when and against whom he will suspend the investigation, when he will accuse, when he will drop the charges and whether he will file an appeal and whether he will drop the appeal. Add to that complete freedom in planning the investigation and completely free decision as to which evidence to present it is possible to conclude the extent of the prosecutor’s uncontrolled power. In the hands of an unscrupulous prosecutor, any investigation can be obstructed and deliberately ruined without any responsibility. Also, any accusation can be completed as planned with an acquittal that covers abuses of prosecutorial powers.

Inadequate work of the Prosecutor’s Office is one of the main instruments for strengthening corruption in the judiciary and thus in other segments of society. Without the rule of law, it is not possible to respect basic human rights or a life worthy of a human being. A huge number of crimes remain uninvestigated and unprocessed. Individuals who committed crimes remain unpunished, free and pose a danger to members of the community. Therefore, the mentioned problem refers to the entire society, and not only to its individual parts. In Bosnia and Herzegovina, which is among the most corrupt countries in the world, it is difficult to expect that legal omissions will not be abused for the personal needs of individuals.

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