The principle of separation of powers begs the question where is the place of the state prosecution within the constitutionally determined branches of government in the Republic of Slovenia. The Constitution of the Republic of Slovenia does not explicitly determine the position of the state prosecution within the framework of separation of powers. Hence, the master’s thesis analyses its position through an overview of foreign legal systems, organisational and functional perspective through the national legal order, and formal as well as informal influences on work of state prosecutors as holders of function of prosecution. Based on said analysis, the master’s thesis concludes that the state prosecution in the Republic of Slovenia fits into the executive branch. Nonetheless, when conducting criminal prosecution, state prosecutors enjoy high level of autonomy, since they are bound only by the constitution and laws, while permissible interference only takes place to a very limited extent within the statutorily determined supervisory mechanisms. However, due to the current level of legal and political culture, state prosecutors are also subject of numerous informal pressures. The master’s thesis thus concludes that the high level of state prosecutors’ autonomy within the executive branch is appropriate and consequently advises against the shift towards higher functional dependence from the executive branch.
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