Summary

The Code of Criminal Procedure that entered into force on 1 July 2004 significantly expanded the functions and thereby the influence of the Prosecutor’s Office. One of the most significant changes, which has yet to become the subject of wider debate, is the right granted to the Chief Public Prosecutor to give general instructions. No justification for this amendment can be found in either the Code of Criminal Procedure bill or the subsequent Code of Criminal Procedure Implementation Act bill. The Chief Public Prosecutor has by now issued a number of instructions and therefore greater attention to this topic is warranted.

The article seeks to uncover the purpose of the instructions, to identify their addressees, nature and legal force, as well as how such instructions can be disputed. A brief overview of the relevant practice of other countries and international recommendations in this area is also provided. Two sets of instructions that are currently in force, on the special treatment of juveniles in criminal procedure (of 29 June 2007) and on implementation of the principle of expediency (of 12 April 2007), are examined more closely.