JEDINSTVO OPTUŽNICE I PRESUDE- NORMATIVNI I PRAKTIČNI ASPEKTI U KRIVIČNOM ZAKONODAVSTVU FEDERACIJE BOSNE I HERCEGOVINE
UNITY OF INDICTMENT AND JUDGMENT - NORMATIVE AND PRACTICAL ASPECTS IN THE CRIMINAL LEGISLATION OF THE FEDERATION OF BOSNIA AND HERZEGOVINA

Summary/Abstract: One of the basic goals of criminal procedural legislation is to ensure the lawful and fair conduct of criminal proceedings and to ensure a correct and just decision of the court. In this context, respecting the concept of the identity of the accusation and the verdict is one of the basic steps in achieving the above goal. This identity and unity imply the immutability of the indictment throughout the entire criminal proceedings, and its consistent observance protects a number of other fundamental human rights guaranteed by international and domestic legal acts, as well as the principles on which criminal proceedings are based.The paper will present the concept of the unity of the indictment and the verdict through the normative aspects of domestic and international positive legal regulations, with special reference to case law. The aim of the paper is to analyze the positive legal norms that regulate and prescribe the unity of the identity of the indictment and the verdict, then to present through the practice of the courts that are obliged to respect the above norms, and to offer possible options for improving respect for these norms, and therefore the rights that arise from them. This paper confirmed the hypothesis that the verdict must reflect the identity of the indictment in terms of the factual description and legal qualification of the criminal offense, i.e. that the identity of the indictment and the verdict is mandatory, except in cases prescribed by law, which ensures the effective protection of the accused’s right to a fair trial.

• Details
• Contents