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Electronic monitoring is used and will be used for different purposes, among others for house arrest. In the paper pros and cons of electronic monitoring are analyzed, and so is the appliance of electronic monitoring on house arrest. The technology of electronic monitoring is analyzed firstly then the electronic monitoring and the influence on the house arrest is being analyzed. In this paper questions of privacy, cost, legal and other questions are being looked at for the purpose of understanding electronic monitoring and its benefits. Furthermore author gives comparison between house arrest and other measures in pre-trial detention. Author specifically referred on state of house arrest in Croatia and how appliance of electronic monitoring could affect pre-trial detention measures and pre-trial detention in general. For that purpose the pilot project from Ministry of Justice is resaerched as well as Croatians court practice in that matter. Ultimately author gives suggestions and propositions de lege ferenda how could house arrest function better, especially in Croatia. [ABSTRACT FROM AUTHOR]

This paper analyzes the Alford Plea, a legal doctrine that exists only within the American criminal procedure. The first part of the paper deals with the definition of pleas in the United States, thereby giving a basis for understanding the doctrine itself and its position within the American criminal procedure.The second part of the paper presents the analysis of the original case and holding of the Supreme Court from 1970 which created the socalled Alford Doctrine through the usage of relevant court holdings as well as papers. The third part of the paper, by analyzing relevant papers, statistical data and commentaries, presents the analysis of the application of the Alford Plea in courts, showing its application within the United States courts as well as different jurisdictions, and the analysis of its purpose by emphasizing its positive and negative effects. The paper concludes that the Alford Plea represents a distinctive doctrine even within a specific system such as the American one. It further concludes that the negative aspects of its permission and application surpass the benefits, by which it emphasizes the importance of the doctrine for the civil law system, especially the didactic function of American practice in dealing with possible problems that might arise with the infiltration of this doctrine in the civil law system. [ABSTRACT FROM AUTHOR]

In this paper the author focuses on theoretical and practical aspects of statute of limitations in criminal substantial and criminal procedural law. The paper consists both of - historical and philosophical consideration, but also practical aspects of the statute in Croatian substantive criminal legislation and jurisdiction, point out the most critical issues that should be reconsidered and changed in legislation. Moreover, the author has taken the opportunity to point out the importance of moral aspects and state responsibility, when certain disfunctionalism in reaching justice occurs. The role of individual approach in prosecuting and punishing is crucial here, and the author endorses the statute of limitations only if it is subjected to the person who demonstrates rehabilitation. Within legal, moral, and philosophical doubts presented, the author finally concludes with a question: if justice is already blind, are we allowed to force it to hold a stopwatch too? [ABSTRACT FROM AUTHOR]

The purpose of this paper is to present the course of criminal proceedings in Hungary and the continantal part of Croatia at the end of the 16th and beginning of the 17th century. Author focuses on the specific historical context which surrounds the legal procedure and reveals its medieval origin. Most of the procedural forms were based on customary law while there was no idea of state sovereignity and its legislative power. Procedure was slow and ineffective and criminal prosecution always started with a private action because there was no public interest in prosecuting the criminal offences. Modernization, introduced by Habsburg monarchs at the beginning of the 16th century, which tried to install the concept of public criminal prosecution, was strongly opposed by Hungarian and Croatian nobility deeply rooted in their ancestral freedoms and privileges. This paper is based on ,,Directio methodica", a book by Ivan Kitonić, who was one of the leading experts of his time on legal procedure. ,,Directio methodica" was first published in 1619. and it was intended to serve as a guide-book for parties without any legal education. [ABSTRACT FROM AUTHOR]

This paper contains an overview of the International Criminal Court (ICC). It describes the initial historical notions to create an international criminal court, and the first attempts to establish such an institution. The paper also deals with some controversial issues in the Rome Statute, which is a legal basis of the Court's authority. The authors also analyze the International Criminal Tribunal for the former Yugoslavia (ICTY) as an ad hoc precedent to the ICC. The authors conclude the paper with the results of a poll on ICC and ICTY which was conducted among the students of University of Zagreb. [ABSTRACT FROM AUTHOR]

In this paper the author elaborates the lawful regulation of the principle of consciousness and fairness and the theory of this principle, which is based both on demandings and practical obedience of the principle. The author especially elaborates contents and forms of breaches of the principle, emphasizes the legal nature of the provision in Article 12 of Croatia's Obligations Act and, finally, the fact that breaches of the principle may be sued and tried in the court of law. The author also exposes the new Obligations Act draft provisions on the principle. At the end of the paper the author brings a few rulings on the breaches of the principle, compares the principle with equity and trust in English law and, finally, draws his own conclusion. [ABSTRACT FROM AUTHOR]

Vinodol Statute is the oldest legal document written in Croatian language. The aim of the paper is to point out the particularity of criminal procedure by Vinodol Statute, which is in its principles and provisions quite different from the coexisting documents on Croatian territory. The author gives an insight into the principles and basic remarks on the course of criminal procedure and its participants, especially referring to starting of criminal procedure, subjects, means of evidence and reaching a judgment. The main idea is that the Vinodol Statute is fairly more advanced than its contemporaries, even though it does not follow the inertia of the early middle Ages, as its provisions protect fundamental rights of the accused and give significant status to women. We find ignorance of torture in the evidence procedure to be the central value of the Statute. [ABSTRACT FROM AUTHOR]

Grave violations of International Law that took place in May 1945 at Bleiburg together with related extraditions and death marches are representing one of the most traumatic episodes in Croatian history. The author examines historical background of the Bleiburg crime and for the first time in legal science deals with the legal aspects of this tragedy. Emphasis is placed on determining responsibility of states, military units and individuals for the crime. Responsibility is founded on the Rules and Customs of War as well on the judicial practice and International Conventions relevant for that time. Fundamental idea of the paper is that Bleiburg crime must not go by without punishment. [ABSTRACT FROM AUTHOR]

This paper deals with two spheres of application of extraordinary cognition - criminal and civil law, while outlining its organizational and functional rules viewed in development from Augustus to Justinian. Analysis of cognitio extra ordinem in the protection of individuals' interests shows that this public-law procedure appeared as an exception to regular, formulary procedure of a private-law character, and that it was applied by new organs created by Augustus' delegation of judicial powers drawn from tribunitia potestas and imperium proconsulare. The gradual development of the Roman state to absolute oriental-type monarchy led to the consolidation of a network of hierarchically organised judicial organs, as well as of rules for a single dual-instance procedure, which in the time of Justinian took on their final shape of an exclusive judicial procedure of a libellar (written) type. Similarly, analysis of cognitio extra ordinem in the protection of the interests of the Roman community (at first, especially of the person of the princeps) shows that this public-law procedure of an inquisitory nature (with a written judgment containing not only the decision on the sanction, but also the legal grounds) appeared as extraordinary in relation to the regular system of quaestiones perpetuae characterised by an accusatory procedure. It was applied by new organs formed by delegation of Augustus' auctoritas. However, up until the 2nd century the Senate court operated, and developed its specific procedure, the so-called cognitio senatus. Further strengthening of imperial power during the 4th and 5th centuries highlighted the principles of singular and efficient cognitional criminal procedure, but also limited the principles of publicity, oral litigation and judges' freedom of ruling. [ABSTRACT FROM AUTHOR]

This work has endeavored to present the development of a specific problem of punishment and its essential theoretical explanations through the rise of classical philosophical thought of western civilization. In the period from Socrates through 18th century, the idea of punishment was defined through all its aspects. Also, at the beginning of the exposition, it was necessary to give the broad sense of particular terms as parts of the subject of self-conscious man. The second part of the paper focuses on the constructed systems of Kant and Hegel, consisting of the most basic facts and elements of modern punishment such as: guilt, individualization, subjective and objective elements of a punishable deed of equal importance, the principle of the rule of law, moderateness and restriction in the very procedure of the execution of punishment etc. In conclusion, the author deals with establishment of indisputable criteria within the absolute categories of morals and justice as the greatest achievements of European philosophy and its most famous thinkers. [ABSTRACT FROM AUTHOR]