Abstract

This article aims to find out whether the discretionary jurisdiction principle, which is literally addressed to the criminal court, binds also the authority conducting the proceedings at the pre-trial stage. Specifically, the prosecutor who is entitled to issue decisions based on facts and legal evaluation. The author states that although Art. 8 (1) of the Code of Criminal Procedure is explicitly addressed to the criminal court, there is no doubt that in fact it establishes a general principle. It means that each authority of the criminal proceedings entitled to issue decisions regarding the subject of a criminal trial or its elements is bound by this principle.