INSTITUT IZDVOJENOG SUDSKOG MIŠLJENJA U KRIVIČNOM POSTUPKU U BOSNI I HERCEGOVINI
INSTITUTE OF SEPARATE JUDICIAL OPINION IN CRIMINAL PROCEEDINGS IN BOSNIA AND HERZEGOVINA

Summary/Abstract: A separate opinion is the opinion of a judge who disagrees with the majority opinion. The same is characteristic for countries of the Anglo-American tradition, but it is also allowed in countries of the European – continental legal tradition, mostly in contitutional courts. In the paper, the authors discuss the separate opinion from the historical, theoretical, normative and practical aspects and highlight the arguments for and against the separate opinion. The practical aspect of this institute includes the case study of Fadil Novalić and others, in which one of the judges in the first – instance proceedings publicly read his separate opinion and requested that it be delivered to the parties, which is contrary to the provisions of the Criminal Procedure Code of Bosnia and Herzegovina.

• Details
• Contents