The Withdrawal of the Indictment by the Public Prosecutor and the Right to a Fair Trial

Abstract

The author analyzes the provision of Art. 14 § 2 of the CCP regulating the withdrawal of the indictment by the public prosecutor and its impact on the right to a fair trial guaranteed both to the accused and the victim. The author’s main research problem is how the withdrawal of the indictment affects the right to a fair trial. According to the hypothesis stated by the author the institution of withdrawal largely restricts this right. This hypothesis
is confirmed by the research methods such as the dogmatic-legal one, the literature analysis and the historical-legal method. The author concludes that a fuller guarantee of the right to a fair trial is possible only by legislative changes concerning the withdrawal of the indictment. First of all, the conditions of the withdrawal should be strictly defined as well as the prosecutor’s right to use the provision of Art. 14 § 2 of the CCP, and moreover, the attorney of the auxiliary prosecutor should be granted more procedural powers. The most important result
of the research, however, is the formulation of the de lege ferenda postulate, that in the event of withdrawal of the indictment, the court should issue an acquittal verdict.