Abstract
The author argues for the need to remove the prosecutor’s power and give back to the court the autonomy with regard to the competence to decide on the possibility of imposing a lighter punishment on a perpetrator who, while participating in a crime with others, cooperated with law enforcement authorities and fulfilled the conditions for obtaining the status of the so-called small crown witness as referred to in Article 60 § 3 of the Penal Code. The paper also highlights the inconsistencies between Articles 60 § 3, 61 and 57 § 5 of the Penal Code regarding the sentencing of the so-called small crown witnesses. It further points to the legitimacy of repealing the specific conflict rule set out in Article 57 § 5 of the Penal Code, and the advisability of narrowing the grounds justifying the use of waiver of punishment with regard to the small crown witness under Article 61 § 1 of the Penal Code. In this respect, a specific proposal is formulated to amend Article 61 § 1 of the Penal Code in order to ensure rationality and consistency in regulating the criminal-law situation of perpetrators holding the status of small crown witness.