engleski

The State Attorney - Attorney for the State?

Post-Socialist reforms in the Republic of Croatia have moved the institution of State Attorney farther away from similar institutions in the rest of Europe. Almost no other European country has the same office (and the same legal profession), namely, one which is competent both to prosecute crimes and to represent the State in civil cases where the State is a party. Within the European legal profession, the legal protection of the public sector is in general left to different state bodies such as the Public Prosecutor’s Office, which prosecutes crimes, and the State Attorney’s Office, which represents the State in civil cases where the State is a party. In criminal cases, the Public Prosecutor has considerable independence, at least from the Government and from state officials. In civil cases, on the contrary, the State Attorney is the advocate for the financial interests of the State, and therefore rightly ought to be bound by the instructions of his ‘client’. For that reason, in most European states such representation is performed by the legal office of the Ministry of Finance or by a similar office. However, the Republic of Croatia is represented by a State Attorney’s Office which acts as an independent judicial body authorised and obliged to act against perpetrators of criminal and other offences, to undertake legal action to protect the property of the Republic, and to submit legal actions to protect the Constitution and laws.

representing the state, state attorney, staatsanwalt

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