Brady doktrina i što iz nje možemo naučiti o pravu odbrane na pristup dokazima u korist osumnjičenog, odnosno optuženog
Brady doctrine and what we can learn from it about the defense's right to access evidence in favor of the suspect or the accused

Summary/Abstract: The article discusses the prosecutor's obligation to inform the opposing party of favorable evidence which may have a decisive impact on the outcome of the proceedings, both with regard to the determination of guilt as well as with regard to the qualification of the offence and the criminal sanction. In the United States of America, this obligation established in the case of Brady v. Maryland, also known as the Brady Doctrine, or the Brady Rule, is one of the fundamental guarantees of fair trial in American law. The right to defense is an integral part of the postulate of fair trial in Bosnia and Herzegovina, and in this context, the article discusses its aspects in the provisions of positive criminal procedure law, taking into account the solutions established in American law. In domestic law, the regulations of criminal procedure provide a guarantee to the suspect during the investigation to be informed of the evidence that is in his favor and in the prosecutor's possession. This right, however, may be limited by the interests of the investigation, which is decided by the prosecutor without the possibility for judicial review of his decision. The question therefore arises to what extent comparative solutions can serve as a basis for consideration in domestic jurisprudence as well as legislation, and as a guideline for proceedings in criminal cases in Bosnia and Herzegovina.

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