ODRICANJE OD JAMSTAVA PRAVIČNOG SUĐENJA U KAZNENOM POSTUPKU - NOVIJA PRAKSA USTAVNOG SUDA REPUBLIKE HRVATSKE
WAIVER OF THE GUARANTEES OF A FAIR TRIAL IN THE CRIMINAL PROCEEDINGS - RECENT CASE-LAW OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF CROATIA
Author(s): Nataša BelamarićSubject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Criminal Law, International Law, Human Rights and Humanitarian Law
Published by: Visoka škola “CEPS – Centar za poslovne studije” Kiseljak
Keywords: fair hearing; criminal proceedings; European Court of Human Rights; waiver; unequivocal; expressly; tacitly; of free will;
Summary/Abstract: The paper provides an overview of the recent case-law of the Constitutional Court of the Republic of Croatia, which refers to the defendant's waiver of the guarantees of a fair trial as guaranteed by Article 29 of the Constitution of the Republic of Croatia and Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The right to a fair trial does not prevent the parties to the proceedings, including the defendant, from waiving his or her entitlement to the guarantees of a fair trial. The waiver may be explicit, or it may result from certain behavior of the defendant. However, in order to be effective, it must meet certain standards that have been developed by the European Court of Human Rights.
Journal: Društvena i tehnička istraživanja
- Issue Year: 2023
- Issue No: 2
- Page Range: 167-182
- Page Count: 16
- Language: Croatian