EFFICIENCY OF CRIMINAL PROCEEDINGS – BETWEEN EXPECTATIONS AND REALITY
EFFICIENCY OF CRIMINAL PROCEEDINGS – BETWEEN EXPECTATIONS AND REALITY

Summary/Abstract: In the light of current debates on modern criminal proceedings, the question of its efficiency has a special place. This is quite realistic, as the modern criminal procedure is expected to be efficient, i.e., to resolve a criminal matter in an optimal timeframe, in a legal manner. This is not just a matter of public opinion, but also a general one, because citizens rightfully expect efficient criminal justice. In this sense, the legislator makes appropriate solutions (e.g. prescribes criminal procedural standards, introduces new, shortened procedures, approaches to organization of judiciary, and regulates interrelated relations between criminal prosecution subjects, etc.). So the legislator in Bosnia and Herzegovina tried to create conditions for the criminal proceedings to be efficient. A new investigation concept (prosecution investigation) was introduced, new criminal proceedings instruments were introduced (for example, guilty plea agreement, special investigative actions, etc.), specialization of some judicial bodies was carried out in the fight against certain forms of crime (for example, the Special Department for Combating Corruption, Organized and the Most Difficult Forms of Economic Crimes established by the Anti-Corruption Law, Organized and the Most Difficult Forms of Economic Crime in the Republika Srpska), improved mutual relations between criminal proceedings subjects, especially Prosecutor’s Office and Police, etc. The second question is the question of their adequacy and efficiency. Here we face the reality. Not only that the long-term duration of criminal proceedings is inadequate to the criminal reaction, but it also brings into question fundamental rights such as the right to a fair trial within a reasonable time. In addition, criminal proceedings often end with acquitting verdicts, but not because of the established truth, but because such violations of regulations that lead to such violations have been committed. Likewise, the question arises of the achieving of the purpose of punishment in cases of termination of criminal proceedings by pleading guilty, guilty plea agreement or by a criminal warrant. Although the abovementioned shortened proceedings are characterized by conduct efficiency, they are very often in disagreement with their purpose, especially in terms of determining of criminal sanctions.

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