THE ROLE OF JUDICIAL DISCRETION IN CRIMINAL PROCEEDINGS

Abstract

The Criminal Code and the Code of Criminal Procedure have a considerable amount of rules the decision on which is left to the discretion of enforcement authority - the inquiry officer, investigator and the judge. That may be both substantive and procedural issues, as well as the carrying out any procedural action, in case of explicit reference in the rules or the legislator's "qualified silence" about limits and ways of the rule's application. Each criminal judicial proceeding requires the need to solve theoretical and practical issues. Making decisions on them, the judge comes across the enforcement issues connected with the judicial discretion. The discretion is one of the enforcement activity, therefore it is also a procedural act and should be regulated by law in a proper way. Improper administration of the judicial discretion, as well as the confusion of judge's roles on administration of justice and criminal prosecution (within investigations' authorizing) renders the judge unable to be free in his considerations and evaluations and to deliver fair justice when he considers a criminal case on its merits.