Беятович Станко. Новые тенденции в современной науке уголовно- процессуального права и уголовно-процессуальное законодательство Сербии

Аннотация: In the article it is mentioned that there has been lately unification of criminal procedure legislation of different countries, and the factors, affecting the condition of this branch of law, and main tendencies of its development are given. As for tendencies of the modern science of the criminal procedure law and the criminal procedure legislation of Serbia, it is mentioned that during reforming of Serbian criminal procedure legislation, high attention has been given to the following two issues: 1) creation of the basis of raising effectiveness of the criminal procedure and 2) change of investigation concept. Authorities of the single judge, which have become increased with acceptance of the Criminal Procedure Code of 2001, are reviewed. Now the judge is entitled to examine and allow criminal cases regarding the crimes, penalties for which are not more than three years of imprisonment. Besides that, it is reviewed to widen the opportunity to impose a penalty without judicial examination for deeds, penalties for which are not more than three years of imprisonment. It is highlighted that provisions, new for criminal procedure legislation of Serbia, concerning the institution of cooperating witnesses, need to be corrected. The content of the principle of practicability of criminal prosecution and ways of its application in Serbia are presented in the article, there are also given some additions to this principle. It is offered to introduce an institution of bargain (consent on guilt admission) between the prosecutor and the defendant to Serbian criminal procedure law. The main point of this bargain institution is preliminary negotiations with the prosecutor about admission of guilt by the defendant and the following declaration or non-declaration of the reached agreement by the court. It is also been considered that besides above mentioned issues, which have priority in the light of creating the regulatory structure for more effective criminal procedure, some other issues need to be given attention; their topicality are proved by both criminal law and modern criminal procedure legislation, and also by results, received in application of this regulations. Examples of special criminal procedures and special authorities for individual types of criminality are given in the article, practicability of their introduction and perspectives of their existence are analyzed. It is mentioned that one of important prerequisites of effective activities of subjects of the criminal procedure and, thereby, effective criminal procedure in general, is effective defense of participants of the criminal procedure. On the basis of this, it is suggested to introduce to the criminal procedure legislation a number of regulations, purpose of which will be the maximum possible degree of defense of the criminal procedure participants. In the author’s opinion, such system of appeal should be introduced to thecriminal procedure legislation of Serbia, which would satisfy all public interests. It is necessary to pay special attention to issues, concerning narrowing and more precise definition of grounds for detention, limitation of periods for pretrial detention, the possibility for wider participation of the attorney in solving the issue of detention, the possibility to implement an institution of so called house imprisonment, creation of regulatory basis for determination of the bail, that could take a more significant place in the system of support measures of the defendant’s presence and unimpeded maintenance of the criminal procedure.

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Abstract: In the article it is mentioned that there has been lately unification of criminal procedure legislation of different countries, and the factors, affecting the condition of this branch of law, and main tendencies of its development are given. As for tendencies of the modern science of the criminal procedure law and the criminal procedure legislation of Serbia, it is mentioned that during reforming of Serbian criminal procedure legislation, high attention has been given to the following two issues: 1) creation of the basis of raising effectiveness of the criminal procedure and 2) change of investigation concept. Authorities of the single judge, which have become increased with acceptance of the Criminal Procedure Code of 2001, are reviewed. Now the judge is entitled to examine and allow criminal cases regarding the crimes, penalties for which are not more than three years of imprisonment. Besides that, it is reviewed to widen the opportunity to impose a penalty without judicial examination for deeds, penalties for which are not more than three years of imprisonment. It is highlighted that provisions, new for criminal procedure legislation of Serbia, concerning the institution of cooperating witnesses, need to be corrected. The content of the principle of practicability of criminal prosecution and ways of its application in Serbia are presented in the article, there are also given some additions to this principle. It is offered to introduce an institution of bargain (consent on guilt admission) between the prosecutor and the defendant to Serbian criminal procedure law. The main point of this bargain institution is preliminary negotiations with the prosecutor about admission of guilt by the defendant and the following declaration or non-declaration of the reached agreement by the court. It is also been considered that besides above mentioned issues, which have priority in the light of creating the regulatory structure for more effective criminal procedure, some other issues need to be given attention; their topicality are proved by both criminal law and modern criminal procedure legislation, and also by results, received in application of this regulations. Examples of special criminal procedures and special authorities for individual types of criminality are given in the article, practicability of their introduction and perspectives of their existence are analyzed. It is mentioned that one of important prerequisites of effective activities of subjects of the criminal procedure and, thereby, effective criminal procedure in general, is effective defense of participants of the criminal procedure. On the basis of this, it is suggested to introduce to the criminal procedure legislation a number of regulations, purpose of which will be the maximum possible degree of defense of the criminal procedure participants. In the author’s opinion, such system of appeal should be introduced to thecriminal procedure legislation of Serbia, which would satisfy all public interests. It is necessary to pay special attention to issues, concerning narrowing and more precise definition of grounds for detention, limitation of periods for pretrial detention, the possibility for wider participation of the attorney in solving the issue of detention, the possibility to implement an institution of so called house imprisonment, creation of regulatory basis for determination of the bail, that could take a more significant place in the system of support measures of the defendant’s presence and unimpeded maintenance of the criminal procedure.

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