PUBLIC PROSECUTOR AS KEY ENTITY OF THE CRIMINAL PROCEDURE LEGISLATION REFORM PROCESS OF THE REPUBLIC OF SERBIA

Authors

  • Dragana Cvorovic University of Criminal Investigation and Police Studies
  • Emir Corovic State University in Novi Pazar

DOI:

https://doi.org/10.18372/2307-9061.61.16372

Keywords:

Public Prosecutor, reform, Criminal Procedure Code, investigation, police, evidence collecting procedures, defendant

Abstract

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.

Author Biographies

Dragana Cvorovic, University of Criminal Investigation and Police Studies

PhD, Assistant professor

Emir Corovic, State University in Novi Pazar

PhD, Associate professor

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Published

2021-12-30

How to Cite

Cvorovic, D., & Corovic, E. (2021). PUBLIC PROSECUTOR AS KEY ENTITY OF THE CRIMINAL PROCEDURE LEGISLATION REFORM PROCESS OF THE REPUBLIC OF SERBIA. Scientific Works of National Aviation University. Series: Law Journal "Air and Space Law&Quot;, 4(61), 210–220. https://doi.org/10.18372/2307-9061.61.16372

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Section

Criminal Law and Criminology