Changes in the Role of the Prosecutor in the Modified Administrative Penal Law

Abstract

Legal provisions regarding prosecutors’ competence to exercise legality review having been transformed from the formerly exercised legality supervision are included in Act CLXIII of 2011 on the Prosecution Service (hereinafter: Prosecution Service Act) and in Act II of 2012 (hereinafter: Administrative Offences Act). At the same time, prosecutorial tools defined and provided for by the Prosecution Service Act rather possess features of public administrative law, whereas prosecutorial measures defined by the Administrative Offences Act tend to conform to criminal law rules. This paper aims at summarizing the evolution and changes of the tools of prosecutorial legality review defined by the effective law of administrative offences while also providing an overview of prosecutors’ practice and professional experience gained during the application of legal rules regarding administrative offences.