The prosecutor’s actions after filing a complaint against a decision to discontinue the proceedings

Abstract

The study deals with the evaluation of the prosecutor’s action after the victim files a complaint against the decision to refuse to initiate or discontinue proceedings. As the current practice shows, here we meet a specific behaviour of a body, which, as a consequence, can lead to a significant violation of the procedural rights of the victim. The article provides a critical assessment of such action based on a thorough analysis of the regulations governing the functioning of the proceedings in this particular area. The filing of an appeal, in other words the submission of a procedural decision to appellate review, should petrify the evidentiary proceedings and exclude any procedural activity, without a prior decision to initiate proceedings as a result of the acceptance of the complaint. Otherwise, the meaning of judicial review is strongly undermined, and as a result, the right to a court is significantly restricted. The following discussion is intended to point out a problem that exists in practice and to draw attention to the negative consequences resulting from it. There is no doubt – as the analyses presented show – that the current situation must change.