PRAVO NA PRAVIČNO SUĐENJE U KRIVIČNOM POSTUPKU
THE RIGHT TO A FAIR TRIAL IN CRIMINAL PROCEDURE

Summary/Abstract: The right to a fair trial represents one of the central human rights stipulated in the Convenction for the Protection of Human Rights and one of the main principles of the Criminal procedure law which requires that every criminal proceedings carried out in accordance with the legal principles and fair by any perpetrator. Criminal process is a complex act that encompasses a several rights enjoyed by every person against whom criminal proceedings are initiated and respect of these rights is considered to be essential element of any democratic society and a state has a positive obligation to take all necessary actions to ensure that these rights are respected for all without distinction. The paper discusses the overall setting of fair trial rights in the European Convenction with special emphasis on standards stipulated by the criminal procedural legislation in Bosnia and Herzegovina putting emphasis on new solutions that are amended in 2003. The research is focused on display jurisprudence of the European Court of Human Rights which provides an explanation and details that are essential for understanding the concept of the process and all legal standards that includes a fair trial and the practice of the Constitutional Court of Bosnia and Herzegovina which highly influenced the definition and interpretation of the principle that constitute the core of this right.

• Details
• Contents