THE ROLE OF THE PUBLIC PROSECUTOR IN PROTECTING THE CRIMINAL VICTIMS

(case Kiro Gligorov)

One of the basic duties of the Public Prosecutor in the criminal procedure which is foreseen and established in the paragraph 2 from the article 42 of the Code for criminal procedure is that: - For criminal acts which are prosecuted ex officio, the Public Prosecutor have the competence, and accordingly, the duty to undertake the necessary measures for revealing the criminal acts by discovering their perpetrators and for directing the pre-criminal procedure.

Having in mind its basic legal rights and primary duties, Public Prosecutor have the role of a party in the procedure: as state organ, firstly and exclusively is fulfiling the function of prosecution and accordingly have the role of attorney of the public legal system, by providing its protection, and as attorney of the victims- physical and legal subjects in the State.

The term- victim in a criminal case implies to a person whose some personal or property rights were endangered by the criminal act, and this status in the criminal procedure is established in the article 139 paragraph 4 from the Code for criminal procedure.

What is the position and how are regulated the rights of the victim is determined in the article 55 from the same code. Among the more important rights of the victim from the criminal act, in the pre-criminal procedure (art.140-149 from the Code) are the following procedural actions: the preposition of compensation claim can be solicited in the criminal charges brought by the police, or during the questioning of the victims in the role of witness.

The preposition must not be pointed against particular person, which means that the preposition can be claimed also in the procedure against unknown perpetrator.

In the art. 97 is determined: Preposition for fulfiling the compensation claim in the criminal procedure can be submited by person who is authorized to put such request in civil suit.

In the art. 98 paragraph 1 is determined that: Preposition for fulfiling the compensation claim in the criminal procedure can be submited to the organ who has the authority to proceed the criminal charges or to the court who is conducting the procedure. As it is known, and is determined by the law, the criminal charges are presented to the Public Prosecutor who is an official organ for further processing of the criminal case and discovering of the perpetrator and the criminal act in the court procedure.

The status of witness is determined in the art.217 where is established that the victim can be questioned in a role of witness, as well as persons who are believed that can give important information about the perpetrator and other relevant circumstances. Also, in the art.222 par.3 is indicated that the witnesses who are not able to come when they are summoned in the court, because of illness, age or other physical defects, can be questioned in their home, and in art.224 par.4 is determined that the victim who is questioned in a role of witness will be asked if he/she wants to fulfil the compensation claim during the criminal procedure.

In the Law for courts (Sl. vesnik of RM no.36/95 and 45/95) in art.7 is determined: Everybody has the right of equal access in front of courts for protecting his rights and interests based on law.

The Constitution of the Republic of Macedonia is protecting the integrity of every citizen in the Republic of Macedonia with art.9 where is determined that: citizens are equal in front of the Constitution and laws.

Also, there are constitutional guarantees for the basic freedoms and rights, which is determined in art.50 where is stated : Every citizen can appeal to courts for protection of the freedoms and rights established by the Constitution .

That kind of function for protecting the citizens also have the Public Prosecution which is defined in the system of state governing, as institution competent for revealing the criminal acts, prosecuting their perpetrators and, by the power of the Constitution and law, to ensure protection in court procedure for the citizens and legal subjects over whom criminal action was undertaken.

Having in mind the above mentioned facts, on the base of art.148 of the Code for criminal procedure, it is necessary during the proceeding of the cases in the pre-criminal procedure when the perpetrator is still unknown, in the Preposition for conducting investigative actions which is conveyed to the investigative judge in the court, obligatory to nominate the victims of the criminal act to be questioned in the role of witnesses.

As example of not proceeding according the named constitutional and law regulations in revealing the crime by the officials in the criminal procedure can be mentioned the attempted assassination over the President of the state, Mr. Kiro Gligorov.

The criminal act, as it is known, happened on the 3rd of October 1995, when Mr. Gligorov suffered severe injuries, and he was questioned as victim in front of the court in October 2001, but other victims are still unquestioned.

Beside the attempt to murder Mr. Gligorov, it is certain that as president of the state, the intention was to endanger the constitutional system and security of the Republic of Macedonia and to violently overthrow him from governing as president of the state, which represents a qualified form of murder.

Logically, questions are imposed like: are there any responsibility for the officials from the Ministry of internal affairs, Public Prosecution and the Court, when the victims of such severe crime are not protected by the judicial institutions in the state, and how much credibility will citizens have in them, when their basic human freedoms and rights are not respected.

Skopje, 06.11.2001

PUBLIC PROSECUTOR OF THE REPUBLIC OF MACEDONIA
Stavre Dzikov