Redistribution of Responsibility in Framing Criminal Charges? An Empirical Study of the Modifications of Charges during Criminal Trial in Slovenia

While several important consequences have been associated with modifications of the charges during the criminal trial, empirical studies into this phenomenon remain limited. To address this gap, the article delves into the possibilities of charge modifications during the trial in Slovenia and the impact of these possibilities on the dynamics between the court and the prosecutor. Its main objective is to investigate whether possibilities for charge modifications have the potential to partially redistribute responsibility for formulating the criminal charge between the prosecutor and the court. Using a dataset of criminal court judgments for the offences of manslaughter and murder and judgments of the Supreme Court of the Republic of Slovenia, we examine the frequency and intensity of charge modifications during the trial, as well as their potential causes. We identify some factors contributing to the prosecutor’s modifications of the charges as systemic: the court’s active role in gathering evidence and establishing relevant facts on its own, which may reveal errors in the indictment or prevent the prosecutor from proving his charge, and the prosecutor’s reliance on court-appointed experts during the proceedings. The article represents the first comprehensive empirical investigation within the Slovenian legal system on this topic, offering insights that can contribute to the ongoing debate on improving procedural efficiency in similar systems worldwide.