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Once a court renders the final judgment, it sets in motion the procedure for the execution of the decision stated in the formal/operative part of the final judgment (disposition). The final judgment is the result of a meticulous factual reconstruction of the committed criminal act and the application of criminal law norms to the established facts. Being rendered in the final stage of the conducted criminal proceedings, the final judgment is the pinnacle of the institutional response to the suspicion that the defendant's conduct has satisfied the essential elements of a specific criminal offence. The right to file an appeal against the final judgment of the first-instance court ensures the judicial control of legality and regularity of the final judgment rendered in the first-instance proceedings. The appellate court decision is final, legally binding and enforceable. The harmful effects arising from the execution of a final and binding judgment (or legal deficiencies stemming thereof) may be removed only by a subsequent decision of the supreme court rendered in the proceeding initiated by lodging a claim for extraordinary legal remedies, in compliance with the legally prescribed procedure. The final judgment of a lower court may be annulled for factual or legal (substantive or procedural) shortcomings. This paper examines the deficiencies pertaining to the legal grounds of the final judgment. [ABSTRACT FROM AUTHOR]

The paper presents some general theoretical settings about the principle of immediacy in criminal proceedings. It should serve as a theoretical platform for developing further research in this area. The autor gives a definition of the principle of immediacy and sees his place in the classification of procedural principles, linking it to the judicial function. The principle of immediacy is one of the implicit procedural principles, which also have international legal roots in Art. 6 of the European Convention for the Protection of Human Rights and fundamental freedoms. The paper emphasizes and analyzes the following important features of the principle of immediacy: instrumentality, complexity, relativity (susceptibility to gradation) and connection with other procedural principles [ABSTRACT FROM AUTHOR]

According to the provision of Art. 75 of the Criminal Procedure Code, one or more defense attorneys may be selected and authorized by the defendant, or his legal representative, spouse, blood relative, adoptive parent, adoptive parent, brother, sister, foster parent and the person with whom the defendant lives in extramarital affairs, or any other permanent community of life, unless the defendant expressly objects. The aim of this provision is to provide professional defense to the defendant in criminal proceedings even when he is unable to provide it, but the relationship between the lawyer and the person authorized to conclude a contract with him is of a civil nature. Theory and jurisprudence have not dealt much with the legal qualification of this relationship or have done it only marginally. Moreover, the explanation of the judgment of the Supreme Court of Cassation on the solidary liability of the accused and the certain person (wife) opens a number of questions, which are the subject of research in this paper. First of all, what is the legal nature of the contract that a lawyer concludes with a client? Is it possible to conclude such a contract in favor of a third party? What is the legal nature of the subsequent granting of a power of attorney? If a contract is concluded in favor of a third party, what is the legal effect of such a contract concluded between the parties? Does the contract in favor of a third party also result in an obligation for a third party? Finally, bearing in mind that the solidary liability is not explicitly agreed, from what does the court derive that kind of liability? [ABSTRACT FROM AUTHOR]

In order to improve cooperation between the competent authorities of the Member States, a mechanism for the exchange of data for the needs of criminal proceedings has been developed at the level of the European Union. Among the elements of that mechanism are the instruments created by the Prum decisions from 2008. The implementation of these decisions has removed barriers to the cross-border movement of certain categories of information, by allowing the competent authorities of one Member State to allow the competent authorities of another Member State to access and search certain databases. Although the Prum Framework is considered a successful instrument of police co-operation, several significant obstacles have been identified over time that hinder the timely and unhindered exchange of data and thus affect the efficiency of investigations. The paper discusses the necessity and direction of the revision of the Prum framework in order to modernize the instruments of data exchange. [ABSTRACT FROM AUTHOR]

Possession of accurate, complete and reliable relevant data on electronic communications traffic and timely access of authorised competent state bodies to such data is without a doubt a useful tool in the fight against modern forms of crime. For that reason, It is justified to establish an obligation for providers of electronic communications services to keep certain data on communications for a certain period of time in the realization of which they mediate and to hand over that data at the request of authorized state bodies, in order to use them for legitimate purposes. For this reason, the Data Retention Directive was adopted in 2006, which Member States were required to transpose into national law However, data retention poses a risk to basic human rights and freedoms, if the regulation establishing this obligation does so without respecting the essence of these rights and freedoms, especially the right to privacy and rights related the processing of personal data for which reason the Court of Justice of the Euro pean Union declared the Directive invalid is 2014. Despite this decision, Member States continue to regulate the obligation to retain data in their national regulations. In this regard the question of compliance of these regulations with the fundamental rights and freedoms and principles of the Union is raised. The subject of the paper is the analysis of the case law of the Court of Justice of the EU on this issue after the annulment of the Data Retention Directive. [ABSTRACT FROM AUTHOR]

This paper is the result of a mini empirical research on the duration of judicial and public prosecutorial investigations before the High Court in Novi Sad. A total of 100 cases were analyzed, of which 50 cases from 2008 and 50 cases from 2015 and 2016. The first 50 cases were conducted during the validity of the Criminal Procedure code from 2001, while the other 50 cases were conducted during the validity of the Criminal Procedure Code from 2011. In order for the result to be as com parable as possible, we tried to have the same structure of criminal acts represented in both groupes. The author came to the conclusion that a prosecutorial investigation is not faster than a judicial investigation. The se arch for the suspect, the search for the injured party, the impediment of the lawer, the strike of the lawers, the preoccupation of the public prosecutor, etc. contributed to the some what longer duration of the public prosecutorial investigation. [ABSTRACT FROM AUTHOR]

The paper sheds light on the articles of Serbian press from Hab sburg Monarchy related to the codification of law in Serbia. The authors shall discuss the columns of Serbska novina (Magazin za knjižestvo, hudokestvo i mo du), Serbske narodne novine, Srbski dnevnik, Svetovid, Srbobran and Napredak in relation with the long way paths to the introduction of civil, criminal and com mercial code, as well as codes of civil and criminal procedure for the Principality of Serbia. The trueness of the news shall be subject to examination, and the necessary explanations on the unclear spots of the newspaper articles shall be provided. [ABSTRACT FROM AUTHOR]

The role that convicted persons serve their sentences exclusively person has not been valid in the Republic of Serbia for a long time. Prison sentences may alto be executed the premises where the convicted person rest-des Such a solution is introduced by the 2009 Law on Amendments and Supple to the Criminal Code The Criminal Code does not prescribe the punishment of a prison sentence served in the premises where the committed person resides as a special punishment Install, the offender is sentenced to imprisonment, which is then created in the premises where he lives In criminal proceedings, the court is obliged to win hall the criminal sanction in a way that takes into account object and subjective circumstances the circumstances relating to the committed crime and is perpetrator. There are such perpetrators who it is necessary to sentence to prison but who thon not be sent to a penal institution The prison sentence may also be served in premises where they reside with or without electronic surveillance though, in a legally-binding sentence, the accused is sentenced to imprisonment in a penal position this does not necessarily mean that he will be placed into a penal institution to serve his sentence The amendments and supplement of the Criminal Code eave an opportunity far the convict to serve his sentence to the premises where he resides f the prescribed conditions are met This in on a possibility which may be decided on by the judge in charge of exe- curing contact u is decided that the convicted person shall see his sentence in the premises here he resides the next step is the execution of the sentence Not all come mom whore were their sentence in this was' are in the same legal position as there is individualization in the process of executing a sentence as well. This difference is apparent, above all, in the amount of time that a convict Is allowed to spend outside of the premises in which he resides. The focus of the authors' attention is precisely the punishment of imprisonment served in the premises where the convict resideds (the so-called house arrest). The authors deal with material aspects and aspects of execution of the sentence This paper focuses, among other matters, on the conditions for sentencing, models of execution of the sentence and the legal position of the convicted person while serving his sentence. [ABSTRACT FROM AUTHOR]

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Integrity of an individual means their preparedness and capability to resist challenges which bring to the fore personal above general interests. From the aspect of work of civil servants who perform public authority, the integrity is in special relationship with corruption – the more integrity means less corruption and vice versa. As an investigative method, in the majority of cases integrity testing refers to police officers and it makes an integral part of a (new) methodology of suppressing corruption within their own ranks. In addition to revealing corruptive activities and testing legality of police officers’ conduct, integrity testing can be used to assess the quality of use of police powers. Although integrity testing has been in use in comparative law for several decades, it was introduced into Serbian legislation in 2016, by adopting the Law on Police. Initially impotent legal regulations required fast amendment, which suggested that integrity testing concept had not been understood well in our country. The paper defines the purpose and essence of integrity testing as an investigative method, it determines various modalities of its application, it presents comparative regulations and analyses normative solutions in our country. Special attention is directed at internal and external aspects of application of integrity testing results, particularly their significance in criminal procedure. [ABSTRACT FROM AUTHOR]

The paper highlights some of the deterioration of the defendant, s position in the 2011 Code of criminal procedure of Serbia. On the other hand, it points to some relatively new institutions that go behind the traditional role of the defendant, which is reflected in the oposition to the charges. These are three types of defendants agreement with the public prosecution. The first form is a diversionary model, which is applied in the pretrial procedure. The second is the plea agreement. Both forms were introduced before the confluence to relieve criminal justice, but the defendant him self benefits. The third form is the conclusion of an agreement between the defendant and the sentenced person on testimony in other to successfully detect, prove or prevent the criminal acts referred to in article 162, paragraph 1, item 1 of the Code of criminal procedure. [ABSTRACT FROM AUTHOR]

One of the unavoidable questions is the ultimate outcome of criminal proceedings, who will bear the costs of criminal proceedings. When the outcome is favorable to the defendant at any stage of the criminal proceedings, the costs of the criminal proceedings to be awarded are a kind of moral and material satisfaction for the prosecutor’s unsuccessful attempt to prove the merits of the allegations in the indictment or the criminal complaint. In this paper the author will point out some dilemmas that arise in the application of the Code of Criminal Procedure, concerning the right of the defendant to reimbursement of the costs of criminal proceedings in the event of rejection of the criminal complaint, solving the fate of the defendant’s claim for reimbursement after one year from the day the validity of the judgment or decision appropriate to the judgment in certain situations, as well as the deadlines for payment of those costs. [ABSTRACT FROM AUTHOR]

In this paper the author deals with the eternal issue of truth - in general and in criminal law. In the first part of the paper the author speaks about the significance of truth as such, but also about its role and place in contemporary society. He continues elaborating the idea of truth as it was in ancient Greek philosophy and poetic tradition given that Ancient Greece represents the cradle of the idea of truth. This part of the paper ends with an analysis of the Aristotle’s understanding of truth which is, according to the author, the beginning of the new era of modern understanding of the truth phenomenon. In the following part of his paper the author analyses the opinions of the 20th century outstanding philosophers who occupied themselves with so called factual truth - which, in his opinion, includes the truth reached in criminal law. This type of truth is analysed further. The author concludes that the maximum to be reached in the criminal procedure is conviction i.e. belief that we are in the possession of truth. When reaching „objective“ truth is concerned as undoubtless certainty that a criminal offence has been commited, as well as all details referring to its commission, the author believes that this is the “eternal” but never accomplished ideal. Finally, the author proposes the modality of truth, which is most likely to be accomplished within criminal law and procedure. [ABSTRACT FROM AUTHOR]

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The author deals with the analysis of the effectiveness and efficiency of the work of the state bodies of Serbia, above all the police, public prosecutor’s office and the court, in countering domestic violence. Namely, by adopting (2016) and implementing (June 2017) the Law on Prevention of Domestic Violence (hereinafter - the Law), the police have a key role to play in this area. Many studies have shown that since the incrimination of the crime of domestic violence into our penal system in 2002, in the official records of the police, public prosecutor’s office and court, this socio-negative phenomenon has increased many times. The opposite trend did not follow even after the adoption (2005) and implementation (2006) of the Family Law, and incrimination into our legal system of family legal measures to protect against domestic violence. It is evident that the state was looking for more effective ways to counter this phenomenon. However, it should be borne in mind that, although everyone is aware of the phrase ‘the most effective kangaroo court’, as such, no matter how fast the issues are resolved, there is nowhere in modern democratic society, nor does anyone consider such a trial. Respect for human rights requires certain procedures and rules that inevitably slow down proceedings and adversely affect efficiency. Public prosecutors and courts play a major role in criminal and civil proceedings in countering domestic violence. The Public Prosecution Service charges and sues, and the court rules. The police take measures as ordered and under the control of the public prosecutor's office and the court. However, the Law gives the police a new role, independently, ex officio, in a time-limited and urgent procedure, to pronounce urgent measures for 48 hours. The court can extend them for another 30 days, but it cannot repeal. The author of this paper looks at the results achieved in combating domestic violence after the new law was passed, and has this socionegative problem been addressed by prescribing urgent measures and leaving a key role in combating domestic violence to the police? In doing so, the author concludes that the Law does not give the police the opportunity to choose when passing orders. If the risk assessment indicates the least suspicion that domestic violence may occur in the immediate future, then immediate action is taken. That is why more urgent measures have been pronounced in Serbia in a year than in countries with similar population at the five-year level. However, the number of women killed is constant and has not been reduced by the implementation of the Act. [ABSTRACT FROM AUTHOR]

In modern criminal procedure personal evidence is dominant with respect to material evidence and in not a few cases, the verdict is predominantly based on the fact that has been proven by personal evidence. Therefore, both in theory and in law give special attention to such evidence. Examination of witnesses is traditional evidence and also irreplaceable evidence in criminal proceedings to which is given a special attention in this paper work all in the context of entry adversarial elements in our criminal proceedings, primarily on the trial. The paper deals with the issue of burden of proof, as well as basic rules and cross-examination of witnesses at the trial, with special emphasis on cross-examination. [ABSTRACT FROM AUTHOR]

The paper is divided into four larger parts. The first part is the introduction where the author briefly describes the history of born of inquisition procedure. The second part is devoted to the characteristics and the structures of the procedure. The author here shows Theresiana has all the features of a classical inquisitorial process. The process is generally divided into investigation and trial. In addition, there was a procedure for solving a so called "racurs", that was not a legal remedy in the strict sense of the word, but an appeal for judgement reversal and amnesty. As the investigation is the central part of the process the paper devotes the most attention to this phase of the process. It analyzes the division, commencement, operation and ending of the investigation. The paper talks separately about the process of bringing the judgement, and the process based on "racurs". The fourth part is the conclusion where the author summarizes the characteristics of the process and the position of the accused. The paper concludes that despite important changes in the process, the position of the accused entirely reflected the spirit of feudal law and the accused remained a disempowered object of the process. [ABSTRACT FROM AUTHOR]

In the focus of this paper are considerations about procedural functions. The author first gives an overview of the ruling concepts about this issue and notes that the theory of criminal procedural law did not sufficiently address the general problems of criminal procedural functions. The author concludes that is not reasonable to distinguish between basic and secondary criminal procedural functions. There are also the reasons for which there is a need for theoretical processing of criminal procedural functions. [ABSTRACT FROM AUTHOR]

Taking into consideration the importance and role of children in modern society, as well as their position, this article has as its focus juveniles in criminal procedure. The existence of a separate juvenile justice system independent of the criminal law applicable to the adult offenders and general criminal procedure, as well as the periodic changes of the dominant approach in theory and practice reflects the ascendancy of different theoretical perspectives in the juvenile justice. In this paper, the authors scrutinize the models of responding to juvenile crime -justice and welfare model - as two models of the greatest importance in the present reaction of the society to the crimes conducted by the youngest delinquents at the beginning of the new century and millennium. Furthermore, the paper deals with a matter of international legal standards which, to a large extent, give shape to the legal framework for juvenile offenders and provide their rights and position in the criminal procedure. The authors refer to the internationally accepted documents on several levels. From the (almost) universally accepted multilateral conventions on human rights, through the field of recommendations, rules and guidelines which are obeyed and enforced in practice of the juvenile justice although they are of non-binding nature, via the regional European legislative to the national provisions in a particular number of countries. On all the levels mentioned above the rights of the juveniles are regulated having in mind their possible role in the criminal procedure as a perpetrator of a criminal act, as a victim or as a witness. This paper also analyzes the criminal procedure with respect to juvenile perpetrators of the criminal acts in the Republic of Serbia and compliance of the provisions currently in vigor with the international legal standards contained in the international conventions and other internationally accepted and recognized instruments. [ABSTRACT FROM AUTHOR]

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The paper briefly talks about the investigating judge as a new important subject of the Hungarian criminal procedure. Until introducing the institute of the investigative judge the Hungarian criminal procedure did not have a court organ in investigation, which was entirely in the competence of the public prosecutor. The paper is divided into four major parts. In the first part the author points onto the dilemmas that have been raised in the preparatory work of the new Criminal Procedure Code regarding the need and the model of the investigating judge. In competition with the model of a classical investigating judge the investigating judge as a human rights judge got more support. In the second part the author elaborates on the competences of the investigating judge. In the third part the ways of bringing decisions by the investigating judge are considered. The forth and final part is devoted to short concluding remarks in which the author highlights that the investigative judge is an important organ in providing for the legality of prosecution and maintaining human rights in the pre-criminal procedure. [ABSTRACT FROM AUTHOR]

In this paper we have come to some important conclusions regarding the legal systems in Serbia and Japan. Despite the fact that these two countries are geographically far away from each other, their solutions in criminal law are not as different. First of all, criminal procedure in Serbia and in Japan is based on adverse elements, with the dominant prosecutor's role during the pre-trial period. Throughout the trial, the court is relatively passive and this phase of criminal procedure is party oriented. The organization of the judiciary is also similar (basic courts, higher courts, appellate courts and Supreme Court) but Japan does not have Constitutional Court. Also, Japan has a special kind of the jury called 'saiban-in' system. Furthermore, we remarked the differences in the field of procedural phases and grounds for legal remedies. Finally, the duration of pre-trial detention in Japan is apparently shorter than in Serbia, what can be a source for legal transplants, because the duration of detention in the Republic of Serbia is a major problem due to huge amounts of money which state must pay to unlawfully detained people. When it comes to criminal sanctions, it is mentioned that death penalty does not exist in Serbia and also that fines are much more connected with Japan's criminal law because of higher standard of living. To conclude, this paper has shown that legal systems which are prima faciae supposed to be different due to cultural and social differences can be similar in many basic solutions.

Modern forms of criminality whose hallmark is crossborder set new requirements before judicial authorities relating to the recruitment and transfer of evidence for the purposes of criminal proceedings. On the recruitment and transfer of evidence in criminal matters affecting space validity of criminal legislation, the way regulation of international legal assistance in criminal matters and guaranteed basic human rights and freedoms. Consequently, the problem of obtaining and transfer of evidence in the context of international legal assistance in criminal matters is extremely complex, relevant and important, and in this work she was given special attention. The principle of mutual assistance and mutual recognition of judicial decisions and the European Investigation Order in criminal matters are the basic issues that the authors deal in this paper work. This issue is very important today because after May 2017, the European Investigation Order in criminal matters will be the only instrument for the recruitment and transfer of evidence between countries of the European Union. Special attention was paid to the principle of mutual recognition of court decisions on which this instrument is based, as well as the issue of evaluation of evidence obtained abroad. [ABSTRACT FROM AUTHOR]

The fact that nearly five hundred wrongfully convicted persons have been exonerated thanks to subsequent DNA analysis, after the discovery of DNA and the possibility of identifying person on the basis of DNA, inspired us to research the issue of wrongful convictions and the role of DNA analysis in their correction. This paper firstly discusses the concept and consequences, the estimates of frequency and the causes of wrongful convictions. After that, it gives an overview of some organizations that deal with cases of wrongful convictions in comparative practice. It further explains the role of DNA in exonerations of the wrongfully convicted as well as the assumptions that must exist in order to correct the conviction this way. Lastly, the paper discusses current possibilities and prospects in the Republic of Serbia regarding the correction of the wrongful convictions through subsequent DNA analysis and in other ways.

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Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

A man encounters with the world with mind that represents to reach the truth about objective reality. Subject, aiming to know the reality, can get to many results, looking at it from different aspects, from which all of them can be logically correct, but only one can be truthful. Author in his paper presents criminal procedure from the aspect of Fichte's subjective idealism. In this paper, we analyse dialectics of subjective idealism first, that is composed of three elements, thesis (consciousness of the subject about itself), antithesis (objective reality), and synthesis (qualitatively subjective knowledge). Due to inability to discover the absolute truth, subject comes to the most accurate result about a fact by consent with other subjects, meaning by consensus. In order to reach the truth about causa criminalis, the roles in criminal procedure must be divided among three different subjects. From the aspect of subjective idealism, the elements of criminal procedure are divided by the principle of division in three roles, defense (thesis), accusation (antithesis), and knowledge of the court about causa criminalis (synthesis). Only the principle of division in three roles presents the correct form of discovering the truth and secures the proper application of the law. Author reaches the conclusion that this principle is the most correctly applied in the mixed system of criminal procedure with an overview of flaws of accusatory and inquisitorial procedure. Used to lead to procedural justice, the principle of division in three roles is subjectively determined which makes it imperfect due to that fact it remains an open question, whether or not it is possible to reach procedural justice or it is just an imaginary ideal which the subjects of the procedure aim to reach.

In this paper the author presents the evolution of the simplified procedure in Serbia from 2001 to 2011. He points to some legal innovations in this field during that deccenium. He compares old and new legal provisions about simplified procedure and finds some differences. There is a constant tendency to expanding the area of criminal offences which can be judged in this procedural form. Some new legal provisions result from new model of investigation or from new concept of trial. Some innovations are more consistent and precise. But, there are also illogical and contradictory provisions in code of criminal procedure from 2011. [ABSTRACT FROM AUTHOR]

The paper offers an analysis of the relationship between criminal law, on the one side, and medical science and psychiatry, on the other side, through an example of psychiatric court evaluation. Following introductory explanation, the author starts this analysis by examining the principle of freedom of an individual in criminal law and psychiatry. Later on, the author points to different perceptions of "borderline psychic conditions" offered by the two scientific disciplines in the context of the quilt principle. After that he points to a number of other issues relating to psychiatric court evaluation which give rise to divergent positions of the criminal law and psychiatry in the criminal proceedings. Common to all such cases, in the opinion of the author, is the conduct of psychiatric court expert that is contrary to their professional code of ethics. In the end, the author concludes that the practice of the psychiatric court evaluation is detrimental to the interests of the criminal law and that it puts in grave jeopardy the ethics of psychiatry. [ABSTRACT FROM AUTHOR]

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In this paper the author presents the evolution of burden of proof in criminal and civil procedure. In civil procedural law there are the differences between the burden of proof in subjective, and that in objective sense. In criminal procedural law there are the differences between the burden of proof in formal, and that in material sense. The burden of proof in objective sense and the burden of proof in material sense is a specific working method available to court after the evidence procedure is carried out, when the use of free assessment of evidence method did not result in its conviction that a certain disputed legally relevant fact is true, which disables the court to form the factual substratum of the judgment. A particular attention is paid to the discussion of the principle in dubio pro reo and its differences from burden of proof in civil procedure. [ABSTRACT FROM AUTHOR]

In this paper, the author defines the notion and explains the penal order procedure and its general characteristics. It is one of the special simplified criminal proceedings, which has got special basis and special structure. This procedural form is ultimately aimed at the rationalization of the criminal procedure. It is achieved by avoiding the main hearing in the trial proceeding. The author presents the evolution of the penal order in Serbia from 2001 to 2011. He points to some legal innovations in this field during that decennium. He compares old and new legal provisions about penal order and finds some differences. There is a constant tendency to expanding the area of criminal offences which can be judged in this procedural form. New legal provisions are, in general, better than previous. However, the practice has shown that application of penal order is too small. The previous practice does not live up to expectations of theory and legislator. [ABSTRACT FROM AUTHOR]

Without certain adjustments to specifics of computer crime, as to a phenomenon of global proportions, detection, investigation and prosecution of this type of crime is almost impossible. Therefore, the need for setting up a legal framework for combating cyber crime has been identified, in order to define which activities related to information systems are considered computer crime; to determine the specific procedural rules, which would enable the access to data, computer and networks during investigating and prosecuting computer crime and to provide continuous training of members of the institutions responsible for countering this form of crime. This legal framework should consist of substantive and procedural rules adapted to this type of crime due its aim is the improvement of international cooperation in the framework of global and regional approach to combating cyber crime. In this this paper the current situation of strategic and legal framework of countering cyber crime is presented (at the level of the Council of Europe and of the European Union) as well as trends in the development of systematic approach towards countering the mentioned abuses within these regional organizations. At the European level, the legal framework to combat cyber crime is set in the Council of Europe Convention on cyber crime and the Council of EU Framework Decision on attacks against information systems. In a series of documents organs of EU confirmed the strategic support of COE Convention and the encouragement of Member States to ratify the Convention. In addition, the Convention represent the base of the said Framework Decision. These two legal instruments have the same goal - removing the differences between national legislation, the introduction of new powers in the discovery and evidence of computer crime and improvement of the international cooperation in combating cyber crime. Although their legal nature and scope vary, its objectives will be achieved only if the rules laid down in the legal framework are enforced. [ABSTRACT FROM AUTHOR]

The paper is divided onto four major parts. In the introductory part the author states that personal evidence (statements of whiteness, suspect, accused, convicted and expert) play still a very important role in collecting evidence in criminal procedure, even though the significance of physical evidence is growing. In the second part the classical model of interrogation is presented, which is based on the division of interrogation onto three parts. This model is accepted by majority of authors. The third part is devoted to alternative models. The fourth part contains concluding remarks. Here the author underlines that scientific novelties are valuable only if they contribute to the practice, and this contribution is only possible if the interrogators are trained adequately and if objective conditions for the application of the novelties are provided. [ABSTRACT FROM AUTHOR]

This article is dedicated to the new provisions in Code of Criminal Procedure in Serbia, which went into effect in 2009. The article presents critical comments of some inapplicable, contradictory and unclear provisions. The paper is separated in four parts: 1) reference to another nonexistence provisions; 2) contradictory provisions; 3) unclear provisions and 4) gaps in the law. Therefore, the author interprets those confused regulations and suggests the improvement of legal text. [ABSTRACT FROM AUTHOR]

This paper considers the need of the harmonization of the criminal procedure legislation with the new Constitution of Serbia, which introduces the method of cross-examination of witnesses. Author describes the differences between continental and anglosaxon model of witness hearing. Afterwards, he points to legal changes which are necessary, and also to some dilemmas. That cannot be denied the possibility that al of that results in strengthen of other accusatorial elements in our legislature. [ABSTRACT FROM AUTHOR]

The paper is divided into four parts. In the first part the author is dealing with the relation of DNA analysis and some constitutional rights, and concludes, the law should explicitly allow any intervention into the constitutional rights of citizens. Afterwards the author examines the provisions of the Criminal Procedure Code of 2001 that is in force. He concludes, the Code has no provisions based on which the DNA analyses could be applied lawfully. Thereafter, in the second part, the author talks about the Criminal Procedure Code of 2006, that is not in force, but which entering in force has been delayed until December 31, 2008. The author emphasizes that Art. 143. para. 3 creates grounds for the lawful application of the DNA analyses in practice. However, the provisions are very few and not sufficient considering the importance of the rights that are potentially endangered by conducting DNA analyses. The third part is devoted to the issue of taking samples by force for DNA analyses, under the light of the practice of the European Court of Human Rights. The author concludes the provisions of the new Criminal Procedure Code of 2006 that regulate the taking of samples by force are in compliance with the practice of the Court. The forth part is dealing with the need and models of creating centralized DNA registers in Serbia. In the final part the author gives his final, concluding remarks and points onto the need for further legislative work and detailed legal regulation of DNA analyses. [ABSTRACT FROM AUTHOR]

This paper discusses the correlation between the current reform of Serbian criminal procedure and the transformation of the fundamental principles of European-continental criminal procedure. In that context, the authors first provide a diagnosis of current state of affairs in domestic criminal procedure, which has been subjected to the process of legal acculturation embodied in spreading the Anglo-American criminal procedure into the European-Continental criminal procedure. In the second section, with reference to the 'Serbianisation' of Dworkin's Heracles, an imaginary perfect judge through whom Dworkin's famous theory of law as integrity is presented, the authors provide insights into the state of domestic criminal justice system. The most important conclusions are presented in the third part of the paper. Firstly, the authors point out that the process of transplanting elements of the Anglo-American criminal procedure into the European-Continental proceedings gives birth to Serbian Heracles, which embodies the spirit of time when the old system of values is destroyed and a new one is created. In the authors' opinion, the process of 'revaluation of values' is a dominant tendency in the criminal procedure law of the Western legal circle (which the Anglo-American and mixed continental procedures fall into), and it is a consequence of wider social trends. Changes in the criteria for comparing values first occurred in the accusatory proceedings, primarily because the standpoints and the metanarrative permeated with notions of pluralism and relativism were born and first applied in the Anglo-American procedure. However, considering the current legal acculturation, the last dams of revaluation of values have been demolished in the continental procedures as well. As nothing is either right or wrong anymore, an environment has been created in which the question of truth cannot be posed any longer. In the authors' opinion, the alternative is found in the process of simulating the pursuit of justice. The primary function of procedures imitating the judicial process is to serve and uphold the stability of the political system. Thus, postmodern procedures are an illusion created in order to deceive the public. An important role in that process is played by due process rules on fair proceedings which, as the authors believe, are the primary means of simulating the process of seeking justice in criminal proceedings.

In this paper the author deals with the eternal issue of truth - in general and in criminal law. In the first part of the paper the author speaks about the significance of truth as such, but also about its role and place in contemporary society. He continues elaborating the idea of truth as it was in ancient Greek philosophy and poetic tradition given that Ancient Greece represents the cradle of the idea of truth. This part of the paper ends with an analysis of the Aristotle's understanding of truth which is, according to the author, the beginning of the new era of modern understanding of the truth phenomenon. In the following part of his paper the author analyses the opinions of the 20th century outstanding philosophers who occupied themselves with so called factual truth - which, in his opinion, includes the truth reached in criminal law. This type of truth is analysed further. The author concludes that the maximum to be reached in the criminal procedure is conviction i.e. belief that we are in the possession of truth. When reaching ' objective ' truth is concerned as undoubtless certainty that a criminal offence has been commited, as well as all details referring to its commission, the author believes that this is the 'eternal' but never accomplished ideal. Finally, the author proposes the modality of truth, which is most likely to be accomplished within criminal law and procedure. .

Classical criminalistic methods, despite the high level of development, have proven to be ineffective in combating organized crime. The reason for this are the characteristics of organized crime. Therefore, it was necessary to develop and constantly improve new tools and modes of operation that will adequately respond to the challenges of combating organized crime. As well as other modern criminal procedure legislations, our legislature has allowed the application of special evidentiary actions. The results achieved by their application are not negligible. The same is true for problems related to their practical application and legal solutions. One of the special evidentiary actions is undercover agent. In the paper it will be shown some characteristics of special evidentiary actions and the undercover agent. Aim and the main part of paper is a detailed analysis of the legal and theoretical solutions related to the responsibility of the undercover agent for the criminal acts in a criminal organization. Also, it will be showed the legal solutions in certain foreign jurisdictions.

The subject of this paper is to analyze the provisions of the Criminal Procedure Act relating to the general rights of victims and the rights of victims of criminal offenses against sexual freedom and human trafficking. The goal was to determine the relationship between the statutory rights of the victims and their needs, as well as to analyze how the application of these rights affects the victim’s status, a sense of security and protection. Intention was to analyze whether the Act contributes to the prevention of retraumatization and revictimization of victims and if it increases confidence in the judicial system. These effects can be achieved primarily by timely informing victims about their rights, and then by providing those rights in the practice. The analysis made is based on the experience of officials from Victims and Witnesses Support Offices. The purpose of this paper is to promote the implementation of the rights that victims have according the Criminal Procedure Act in order to enable their wellbeing.

The criminal-political justification of the principle of opportunity is undoubtedly of significant importance for criminal justice, with multiple and diverse objectives and functions. Despite the fact that the application of this criminal procedural mechanism in public prosecution practice has been ongoing for over two decades, research results indicate that essential questions regarding its legal and procedural nature remain veiled in dilemmas even today - whether the suspect subject to its application should be considered innocent, and whether the decision to dismiss a criminal complaint based on the principle of opportunity can be equated with the res judicata. The paper presents specific research results regarding the interpretation of the effects of applying the principle of opportunity in criminal proceedings and the legal effects of decisions to dismiss criminal complaints based on the principle of opportunity in civil proceedings for compensation of damages arising from a "criminal act." By analyzing the concepts expressed in criminal legal science and utilizing the comparative legal method to a certain relevant extent, the authors aim to, starting from the procedural guarantee of the presumption of innocence, highlight the risks of equating the decision to dismiss a criminal complaint based on the application of the principle of opportunity with a final judgment. The primary de lege ferenda proposal is to establish a prohibition on criminal prosecution for the same criminal offense in cases of applying the principle of opportunity.

The question of efficiency of a criminal procedure is analyzed in this paper from two aspects. First, there are general remarks on efficiency of criminal procedure as international legal standard and as a key goal of the reform of criminal procedure legislation of Serbia within which some questions are particularly prominent that relate to criminal-political reasons of practical efficiency of criminal procedure and the reasons why it is necessary to implement criminal-procedural instruments of efficiency of criminal procedure into national criminal procedure legislation. Second, there is expert and critical analysis of certain assumptions of practical realization of efficiency of criminal procedure within which special attention is paid of legal standards as a key factor of efficiency of criminal procedure. However, in addition to this there is also, only within necessary scope, the review of other factors of efficiency of criminal procedure (complexity and severity of a concrete criminal case; judicial organization; mutual relationships and cooperation of criminal-procedure subjects; abuse of law; expertise and involvment of certain procedural subjects and their motivation - which is particularly epxressed in courts, public prosecutor's offices, police and expert defense). Finally, we should point out that the paper presents certain suggestions de lege ferenda which, according to the author's opinion, should contribute to the increase of criminal procedure efficiency, and thus to the achivement of the key goal of almost fifteen-year long reform of criminal procedure legislation of Serbia.

The subject of our research is the evolution of the principle of immediacy in general criminal proceedings in Serbian law, with the aim of observing the basic tendencies in that development. In this article, the results of the first part of the research were published, in which the analysis and comparison of the principle of immediacy in our first two procedural codes was carried out The Code of Criminal Procedure of the Kingdom of Serbia from 1865 and The Code of Criminal Procedure of the Kingdom of Yugoslavia from 1929. Both codes generally respected the structural, personal and temporal segments of the principle of immediacy, allowing for a number of exceptions from it. These exceptions we-re much more radical in the reactionary Code of Criminal Procedure from 1865, of a moderately inquisitorial type. Not only is the principle of immediacy not implemented in it with all its consequences, but it is also made illusory. The adoption of the principle of positive legal evaluation of evidence and the dominance of the inquisitorial principle contributed to that. The main trial was only a facade, behind which there was a significant possibility of penetration of investigative materials, regardless of whether it came from judicial or police authorities. In contrast, the Criminal Procedure Code of 1929 was based on procedural principles, such as accusatory, immediacy, publicity, orality, adversary, material truth and free evaluation of the criminal proceedings. The principle of immediacy was consistently implemented, with some reasonable and mostly acceptable exceptions in the structural and personal party segment. In some cases, the judgment could be based on investigative materials, but they were always cort records. That code consistently adhered to the rule that no one could be tried and convicted in absentia. Its provisions aimed at preserving the continuity of the main trial are to be commended. [ABSTRACT FROM AUTHOR]

In the paper, we tried to comprehensively define the field of application of the prohibition of reformatio in peius, and to present theoretical, divergent, interpretations of this provision, as well as to try to illustrate all this with the practice of both regular and constitutional courts. We have seen that the provision of Article 400 of the Montenegrin Code of Criminal Procedure is not enough to be interpreted only linguistically. This provision hides much more. First of all, the phrase "appeal filed only in favor of the defendant" should be interpreted in the same way when the prosecutor filed an appeal that was rejected. In addition, we have seen that this prohibition binds both the second-instance court when deciding on the appeal and the first-instance court in the retrial, if the decision is revoked. The practice of international courts, more specifically the European Court of Human Rights and the Court of Justice of the European Union, represented an unavoidable sequence in the presentation. We have seen that the ECtHR did not affirm this prohibition in its practice. Moreover, it could be said that if the national courts respect the ECHR standards inaugurated so far, a stricter legal qualification and (or) a stricter criminal sanction against the defendant in the new proceedings would be allowed. It only remains for us to see whether the ECtHR, over time, will change this practice, or whether we, under the undoubted authority of this court, will marginalize this provision.

The main goal of this paper is to reveal if the principle of determination of truth, understood in its traditional, continental law manner, is accepted in the criminal procedure of the International Criminal Court (ICC) and to which extent. In order to fulfill that goal, the author analyses main phases of the proceedings before ICC and points out in each of them the rules which derive from the principle of determination of truth. Also, the author explains and polemicizes with the main theoretical approaches to this issue. Furthermore, some of the most visible normative solutions that are contrary to the principle of determination of truth are being emphasised. Guided by the results of the conducted analysis, the author measures the scope of the principle of determination of truth in the ICC criminal procedure. Therefore, it has been determinated that the influence of the said principle is at its most visible in the early stages of the proceedings (investigation and confirmation of charges), while it fades out in its later stages. Finally, it is being discussed whether it would be better to incorporate the principle of determination of truth to a larger extent in the procedure before ICC, having especially in mind a great importance and historical role that ICC has (or, better said, aspires to have).

The Criminal Procedure Code stipulates that court decisions may not be based on evidence which is, directly or indirectly, by itself or in the manner of obtaining it, contrary to the Constitution, this Code, other laws or the generally accepted rules of international law and ratified international treaties, except in proceedings conducted for the purpose of obtaining such evidence. Illegal evidence cannot be used in criminal proceedings and is therefore separated from the case file. If the judgment is based on illegal evidence, it can be challenged by the appeal against the judgment, but also by the request for the protection of legality. The subject of the paper is the analysis of the recent case law of the Supreme Court of Cassation (in the period from January 1, 2019 to December 31, 2020) regarding the requests for the protection of legality stated in connection with illegal evidence.

This paper analyzes court judgments rendered in criminal proceedings in the Republic of Serbia in the last 5 years, as well as the relationship of state bodies, primarily courts, and public prosecutor's offices to the most important legal principles and legal institutes of criminal law that have a decisive influence on proceedings. Courts in criminal proceedings, as well as the criminal policy of the courts. The emphasis is on the presentation of the inequality of procedural position of procedural parties in criminal proceedings (defendant in relation to the public prosecutor) with which the defense (defendants and their defense counsel) encounters on a daily basis in practice, as well as on specific reasons that significantly affect significant measures by the acting courts continue to be favored by the public prosecutor to the detriment of the defense -the defendants and their defense counsel. Specific reasons and explanations are presented, as well as some examples from court practice, due to which the number (percentage) of acquittals in our judicial system is very small in relation to the number of convictions.

In order to improve cooperation between the competent authorities of the Member States, a mechanism for the exchange of data for the needs of criminal proceedings has been developed at the level of the European Union. Among the elements of that mechanism are the instruments created by the Prum decisions from 2008. The implementation of these decisions has removed barriers to the cross-border movement of certain categories of information, by allowing the competent authorities of one Member State to allow the competent authorities of another Member State to access and search certain databases. Although the Prum Framework is considered a successful instrument of police co-operation, several significant obstacles have been identified over time that hinder the timely and unhindered exchange of data and thus affect the efficiency of investigations. The paper discusses the necessity and direction of the revision of the Prum framework in order to modernize the instruments of data exchange.

The article sheds light on the data on Serbian codes of law revealed by the travelers who visited the Principality of Serbia. The travel writers provide the information on the earliest attempts to codify law in Serbia and the contents of latterly enacted codes. The authors shall present the accounts of the travel writers and give the answer to what extent they correspond to the truth [ABSTRACT FROM AUTHOR]