THE SIGNIFICANCE OF THE WORK OF DR. BOŽIDAR V. MARKOVIĆ FOR THE DEVELOPMENT OF CRIMINAL PROCEDURE LAW Cover Image

ЗНАЧАЈ ДЕЛА ДР БОЖИДАРА В. МАРКОВИЋА ЗА РАЗВОЈ НАУКЕ КРИВИЧНОГ ПРОЦЕСНОГ ПРАВА
THE SIGNIFICANCE OF THE WORK OF DR. BOŽIDAR V. MARKOVIĆ FOR THE DEVELOPMENT OF CRIMINAL PROCEDURE LAW

Author(s): Zagorka Jekić
Subject(s): Criminal Law
Published by: Правни факултет Универзитета у Београду
Keywords: Criminal procedure; Evidence; New ideas

Summary/Abstract: Emphasis in the article is placed on ideas and conceptions of B. Marković significant for further development of the science of criminal procedure law. Thus, the new system of that branch of law is elaborated which was the creation of that author, as well as his definition of the procedure as a complex of procedural actions (the beginnings of the realistic approach to the matter), and his criticism of the theory of compulsory statutory evidence, as contrasted to his opting for free conviction of the judge, which includes also further elaboration of the notion of evidence, of judicial decisions, etc. The ideas of Marković have been accepted by experts of the law of criminal procedure, such as T. Vasiljević, V. Bayer, D. Krapac, M. Grubiša, D. Dimitrijević and Z. Jekić. Some of these ideas were adopted in their integrity, while others served as a basis for new definitions and conceptions (the case of principle of legality, substantive and formal nature of evidence, negative facts, etc.). Some conceptions of B. Markovié were criticized, such as the one according to which expenses are the object of criminal procedure, then the conception that the actions are identified with means, that the witness is not a procedural subject, etc.The work of Markovié witnesses to the fact that he is a multi-disciplinary and creative scientist, both regarding the choice of themes, the way of their elaboration, and the results achieved.

  • Issue Year: 41/1993
  • Issue No: 3-4
  • Page Range: 259-268
  • Page Count: 10
  • Language: Serbian