The Analysis of disciplinary proceedings against public prosecutors and deputy public prosecutors

The independence of the public prosecution is guaranteed by the Constitution of the Republic of Serbia, which is additionally confirmed by the Law on Public Prosecution, which states that the public prosecutor and deputy public prosecutors are autonomous in exercising their powers. The Constitution and the aforementioned Law also regulate the responsibility of prosecutors - prosecutors and their deputies, in addition to general work responsibilities, are also disciplinary liable for disciplinary misdemeanors in accordance with the provisions of the Law on Public Prosecution.

In order to better regulate the disciplinary procedure and the work of disciplinary bodies, the Project team prepared an Analysis of the disciplinary procedure against public prosecutors and deputy public prosecutors, the purpose of which is to consider legal decisions on disciplinary procedure and work of disciplinary bodies.

Although the disciplinary responsibility of prosecutors and deputy prosecutors is well regulated and does not deviate from the solutions that exist in some EU member states, the prepared analysis indicates possible shortcomings of the Law and proposes amendments to the Law on Public Prosecution and the Rulebook on Disciplinary Procedure and Disciplinary Liability of Public Prosecutors and Deputy Public Prosecutors. The analysis should contribute to eliminating omissions in the work of public prosecutors and deputy public prosecutors, but also to improvement of the processes of sanctioning behavior that harms the public prosecution and its role in the procedure.