HISTORICAL OVERVIEW OF THE POSITION OF THE INJURED PERSON IN CRIMINAL PROCEDURE Cover Image

HISTORIJSKI PRIKAZ POLOŽAJA OŠTEĆENOG U KRIVIČNOM POSTUPKU
HISTORICAL OVERVIEW OF THE POSITION OF THE INJURED PERSON IN CRIMINAL PROCEDURE

Author(s): Nezir Pivić
Subject(s): Law, Constitution, Jurisprudence
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: injured person; criminal procedure; plaintiff; subsidiary prosecutor

Summary/Abstract: The position of the injured person in the criminal law, in the past; had been going through several phases and varied according to the form of the criminal procedure that existed in the past. It began with the oldest form in the Roman State – pater familias was the head of the family and, as such, spokesman of it, following was the rule of private law and after that the rule of public criminal law. Development of the Roman criminal procedural law, which had its preliminary phase of accusatory model in the period of the late Republic, and later the inquisitorial model in the period of the Empire, enabled laying the foundation for contemporary instruments of the position of the injured person in the criminal procedure, as well as the complete contemporary criminal procedure. The position of the injured person in the criminal procedure of ex Yugoslavia can be viewed through period until the first unification and after the first unification. Creating the Kingdom SHS in 1918 did not lead to the unification of the criminal law, that is, uniform criminal legislation was not established for the new state. Until 1929, in certain areas existed particular interests and, therefore, criminal law which was in force until unification occurred.

  • Issue Year: 4/2011
  • Issue No: 08
  • Page Range: 153-176
  • Page Count: 24
  • Language: Bosnian