Elements of forensic tactics regarding the representation of the public prosecution in court

Abstract

The complex and responsible activity of the prosecutor in the criminal trial ends by representing the public (state) prosecution before the court. The judicial process is carried out on the basis of the adversarial principle. Although the procedural aspects of the state prosecutor's activity in court were thoroughly investigated in specialized sources, the tactics of representing the prosecution did not exhaust their scientific and practical value and interest. In a special light, certain forensic procedures and methods are required, mirrored mainly for the preliminary phase, with application by the prosecutor in order to prove the accusation in court. This paper focuses on the identification and analysis of hypotheses to justify the need to apply the elements of forensic tactics to the representation of the public prosecution by the prosecutor in court. Thus, it was argued the need to adapt and apply in new conditions, adversarial ones, the elements of forensic tactics in the activity of the prosecutor at each stage of the trial of the criminal case: at the preliminary hearing, during the preparatory part of the hearing, at the judicial investigation and judicial debates. The proactivity of the prosecutor at the trial stage will depend primarily on the knowledge the prosecutor possesses about the tactics of presenting evidence and the ability to interpret it in favor of the prosecution. If he does not have the necessary professional skills, the prosecutor will encounter serious difficulties in the adversarial trial. However, in the present study certain aspects of forensic tactics are analyzed, which ensure a good quality of representation by the prosecutor of the public prosecution at the trial stage.