The power of the prosecution to modify criminal charges and the implications for the defendant's position
Evidence presented during a trial may portray a criminal offence differently than how it was described in the indictment. The same set of facts may require a different legal qualification or newly discovered facts may show that the prosecutor's initial description of events should be different....
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Bar Association of Vojvodina, Novi Sad
2024-01-01
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| Series: | Glasnik Advokatske komore Vojvodine |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2024/0017-09332403819B.pdf |
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| Summary: | Evidence presented during a trial may portray a criminal offence differently than how it was described in the indictment. The same set of facts may require a different legal qualification or newly discovered facts may show that the prosecutor's initial description of events should be different. Two potential solutions to this problem exist: the prosecution loses the case or is allowed to modify the charges. In Slovenian criminal procedure, the prosecutor is granted the authority to modify the charge during the trial. This paper focuses on the question of how broad the powers of the Slovenian prosecutor to modify the criminal charge are and how the existence of this power, along with its scope, affects the position of the defence. For that reason, we have examined the decisions of the Slovenian Constitutional Court and ordinary courts. After establishing the extent to which modifications can occur in practice, we highlight potential key points associated with the modification of the charge, as provided for in the current regulation. At the end, we discuss reform options that would improve the defendant's position. |
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| ISSN: | 0017-0933 2683-5967 |