EFFICIENCY OF CRIMINAL PROCEEDINGS Cover Image

EFFICIENCY OF CRIMINAL PROCEEDINGS
EFFICIENCY OF CRIMINAL PROCEEDINGS

Author(s): Adnan Redžepović
Subject(s): Criminal Law, Sociology of Law, Court case
Published by: Asocijacija za upravljanje rizicima u BiH
Keywords: efficiency; criminal procedure; judiciary; reasonable time; procedural economy; jurisprudence; judicial reforms; comparative approach; economic analysis; Bosnia and Herzegovina;

Summary/Abstract: The efficiency of criminal proceedings is one of the fundamental indicators of the quality and functionality of any state's judicial system. This paper analyzes the concept and significance of efficiency through normative, institutional, and practical aspects, with a special focus on the legal framework of Bosnia and Herzegovina and international standards for the right to a trial within a reasonable time. It points to the causes of inefficiency, including court overloads, a lack of procedural discipline, as well as organizational, personnel, and normative shortcomings that influence the length of criminal proceedings. Using a comparative approach, the paper presents solutions and good practices from specific European legal systems that have contributed to the acceleration and rationalization of procedural phases, strengthened oversight of the work of courts and prosecutor's offices, and improved case management. Special attention is paid to the economic dimension of efficiency and the possibilities of applying alternative procedures, such as the principle of opportunity, plea agreements, and mediation, as mechanisms to relieve the burden on the courts. The paper emphasizes the need to strengthen institutional capacities, digitize the judiciary, introduce advanced information systems, and consistently apply the principle of procedural economy. It concludes that the efficiency of criminal proceedings must be built on a balanced relationship between the speed of decision-making and respect for the right to a fair trial as a fundamental element of the rule of law.

  • Issue Year: 2025
  • Issue No: 2
  • Page Range: 42-58
  • Page Count: 17
  • Language: English
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