PUBLIC PROSECUTOR AS KEY ENTITY OF THE CRIMINAL PROCEDURE LEGISLATION REFORM PROCESS OF THE REPUBLIC OF SERBIA
DOI:
https://doi.org/10.18372/2307-9061.61.16372Keywords:
Public Prosecutor, reform, Criminal Procedure Code, investigation, police, evidence collecting procedures, defendantAbstract
Purpose: the aim of this paper is to analyze the efficiency of the public prosecutor’s conduct in the reformed criminal procedure legislation of Serbia. Methods: in the analysis of the subject matter in question, in addition to the theoretical and normative method, a statistical method was also used to collect and analyze statistical indicators of the number of filed charges, initiated investigations and filed indictments based on the Report of the Republic Public Prosecutor’s Office in 2016, 2017, 2018 and 2019. Results: the process of reforming the criminal procedure legislation of the Republic of Serbia began with the adoption of the Criminal Procedure Code in 2001, and the latest result of that process is the now valid Criminal Procedure Code from 2011, which has already been amended seven times. The results of the practical application of these amendments are increasing the efficiency of criminal proceedings in the Republic of Serbia as a key goal of the process of reforming its criminal procedure legislation in general, strengthening the capacity of the public prosecutor in detecting and proving criminal acts, but also the need to continue working on reforming criminal procedure legislation of Serbia with the aim of achieving international legal standard. Discussion: the reform of the criminal procedure legislation of the Republic of Serbia, which began in 2001, brought about numerous novelties, primarily in the Criminal Procedure Code as its key representative. The novelties are such that it can be said that the previous concept of criminal procedure, which was based on the classical institutes of the continental legal system, has been almost completely abandoned (such as, for example, judicial investigation). The most important novelties brought by the reform process concern the procedural position of the public prosecutor, which has changed so much that it can be freely said that he has become a key subject of criminal proceedings. This is the case not only due to the fact that through the use of new institutes (the principle of opportunity of criminal prosecution and plea agreements which have not existed before) he can almost independently solve an extremely large percentage of criminal cases (now over 20% of all filed criminal charges annually), but also for the reason that he got other new powers. In a word, his position is now based on key institutes of the Anglo-Saxon legal system, which was not the case before.
References
Banović B. (2018) Police and «Parapolice» Powers and Criminal Prosecution, in S. Bejatović (ed.). Organization of judiciary and efficiency of judicial protection (European standards and the situation in Serbia) - Criminal legal aspect. Serbian Association for Criminal Law and Practice, Belgrade, pp. 325-343.
Bejatović S. (2013) The Concept of Investigation and the New CPC, in S. Bejatović (ed.). New solutions in the criminal legislation of Serbia and their practical application. Serbian Association for Criminal Law and Practice, Belgrade, 139 p.
Bejatović S. (2014) Prosecutorial Investiga-tion as a Characteristic of Reforms of Criminal Procedure Legislation in the Countries of the Re-gion (Criminal-Political Reasons for Legalization, Situation and Perspectives), in S. Bejatović (ed.). Prosecutorial investigation (regional criminal procedure legislation and experiences in application). OSCE Mission to Serbia, Belgrade, pp. 11-38.
Bejatović S. (2016) Reform of Criminal Procedural Legislation of Serbia and International Legal Standards. Journal of Criminology and Criminal Law. Belgrade, Serbia.
Bejatović S. (2018) Efficiency of Criminal Procedure as an International Legal Standard (Situation in Serbia and improvement measures), in S. Bejatović (ed.). Organization of judiciary and efficiency of judicial protection (European standards and situation in Serbia) - Criminal aspect. Serbian Association for Criminal Law and Practice, Belgrade, 273 p.
Bugarski T. (2014) Investigation and Indictment (prosecutor-police relations), in S. Bejatovic (ed.), Prosecution and other criminal law instruments of the state reaction to crime. Serbian Association for Criminal Law and Practice, Belgrade, 132 p.
Brkić S., Bugarski T. (2020) Criminal procedure law, Laws Faculty University of Novi Sad, pp. 33-37.
Beljanski S. (2014) Tužilačka istraga i prikupljanje dokaza i materijala u korist odbrane, in S. Bejatović (ed.). Prosecutorial investigation (regional criminal procedure legislation and experiences in application). OSCE Mission to Serbia, Belgrade, pp. 263-274.
Cvorovic D. (2015) The Public Prosecutor as a Powerful Figure of the Modern Criminal Procedural Legislation, Crime and Society of Serbia. Institute for Criminological and Sociological Research, Belgrade, pp. 80-95.
Criminal Procedure Code of the Republic of Serbia. Official Journal of the FRY. No. 70/01 and 68/02 and Official Gazette of the RS. No. 58/04, 85/05, 115/05, 49/07, 20/09, 72/09 and 76/10.
Criminal Procedure Code of the Republic of Serbia. Official Gazette. No. 72/11, 101/11, 121/12, 32/13, 55/14 and 35/2019.
Cvorovic D., Turanjanin V. (2016) Re-formed Criminal Procedural Legislation and Legitimacy of Serbian Police in Europe (Doctrine, statistics and consistency), in Đ. Đorđevic (ed.). Thematic Conference Proceedings of International Significance. Academy of Criminalistic and Police Studies, Belgrade, pp. 35-50.
Ilić G. (2013) Origins and Experiences of the Serbian Police with the Public Prosecutor’s Investigation, in S. Bejatović (ed.). New solutions in the criminal legislation of Serbia and their practical application. Serbian Association for Criminal Law and Practice, Belgrade, 97 p.
Ilić G., Banović B. (2013) Police and New Solutions in the Criminal Procedure Code, in S. Bejatović (ed.). New solutions in the criminal legislation of Serbia and their practical application. Serbian Association for Criminal Law and Practice, Belgrade, 108 p.
Karovič S. (2018) Krivičnoprocesna uloga i položaj javnog tužioca u istrazi, in S. Bejatović (ed.). Organization of judiciary and efficiency of judicial protection (European standards and the situation in Serbia) - Criminal legal aspect. Serbian Association for Criminal Law and Practice, Belgrade, pp. 466-482.
Mijalkovic S., Cvorovic D., Turanjanin V. (2019) Efficiency as an International Standard in Criminal Procedural Legislation of the Republic of Serbia - Toward European Union. In Conference proceedings «Towards a better future: Democracy, EU Integration and Criminal Justice», Faculty of Law, «St. Kliment Ohridski» University-Bitola, Republic of North Macedonia, pp. 134-147.
Skulic M. (2011) Bases of Criminal Investigation, Journal of Criminology and Criminal Law. Serbian Association for Criminal Law and Practice, Belgrade, 103 p.
Skulic M. (2019) Criminal Procedure Legislation and (In)adequacy of the State Reaction to Crime, in S. Bejatović (ed.). Changes in criminal legislation and the status of judicial officers and the adequacy of the state reaction to crime (international legal standards and the situation in Serbia). Serbian Association for Criminal Law and Practice, Belgrade, 2019. 65 p.
Stevanović I., Vujić N. (2020) Maloletno lice i druge posebno osetljive kategorijej žrtava krivičnih dela (međunarodni pravni standardi i krivično procesno zakonodavstvo Srbije, in S. Bejatović (ed.). Žrtva krivičnog dela i krivičnopravni instrumenti zaštite – međunarodni pravni standardi, regionalna krivična zakonodavstva i mere unapređenja zaštite. OSCE Mission to Serbia, Belgrade, pp. 152-165.
Tintor J. (2014) Odbrana kao strana postupka u tužilačkoj istrazi (analiza novog ZKP Srbije), in S. Bejatović (ed.). Prosecutorial investigation (regional criminal procedure legislation and experiences in application). OSCE Mission to Serbia, Belgrade, pp. 247.
