Summary

This article examines the role of the prosecutor in contemporary Estonian criminal proceedings. Traditionally, the prosecutor is regarded as the public prosecutor. Less thought is given to the fact that the prosecutor plays a key role in determining whether a person can be influenced without imposing a penalty, and how to do so. Therefore, it can be said that the prosecutor is not merely a prosecutor, but rather an implementer – or influencer – of criminal policy objectives. To better understand the role of the prosecutor as an influencer of criminal policy, this article analyses the duties assigned to the prosecutor by law. In the context of influencing, the article explores the various options available to a prosecutor for terminating criminal proceedings based on considerations of expediency. The article examines, first and foremost, the provisions of §§ 201, 202, and 2031 of the Code of Criminal Procedure as expressions of the principle of prosecutorial discretion, even though the range of provisions based on this principle is much broader than those cited.