Proceeding the prosecutor’s waiver: between law and reality

The prosecution is the driving force behind the criminal proceedings. By presenting the prosecution with all his energy, insistence and competence, the prosecutor is obliged to do so only to the extent that the guilt is proven, taking into account the evidence supporting the defendant’s position. The prosecutor himself is obliged to strictly observe the law, to oppose any abuses and violations, regardless of the party whose interests are harmed. For the prosecutor, supporting the accusation is not an end in itself; or, the well-founded waiver of the accusation, as well as the support of the accusation, equally contribute to the achievement of the purpose of the criminal trial. This study discusses certain core issues related to the waiver of the state accuser to charge the trial phase of the criminal case.