Suspension Of The Presumption Of Innocence And Violation Of Civil Liberties In Serbia Cover Image

Суспензија претпоставке невиности и обустава грађанских слобода у Србији
Suspension Of The Presumption Of Innocence And Violation Of Civil Liberties In Serbia

Author(s): Sreto Nogo, Neđo Danilović, Milomir Minić, Dragan Manojlović
Subject(s): Law, Constitution, Jurisprudence
Published by: Универзитет у Нишу
Keywords: criminal charges; criminal investigation; presumption of innocence; civil liberties

Summary/Abstract: This paper presents the results of a qualitative and quantitative research pertaining to the work of Serbian institutions (the police and the prosecution) authorized to conduct criminal investigation and raise charges against perpetrators of criminal offences. These institutions have the authority to submit requests for initiating criminal investigation and to indict criminal offenders. This research focuses on different social circumstances and government measures which have been observed over a twenty-year period. The collected data have been analyzed in terms of comparable periods and the correlation between the criminalcomplaints filed by the police against citizens as perpetrator of criminal offences and the indictments issued by the competent public prosecution offices. The data have also been examined interms of the total number of indictments and confirmed indictments resulting from the criminal investigation. The authors discuss the impact of a disproportional number of indictments containing criminal charges based on inadequate or insufficient evidence, which shows that the offenders were charged and convicted without sufficient evidence. Such practices inevitably imply a suspension of the legal standard on the presumption of innocence and a violation of civil liberties in Serbia.

  • Issue Year: 2013
  • Issue No: 04
  • Page Range: 1719-1730
  • Page Count: 12
  • Language: English