ПРАВО НА ПРАВИЧНО СУЂЕЊЕ
RIGHT TO A FAIR TRIAL

Summary/Abstract: The right to a fair trial is not only an independent right of the accused but also a body of particular rights and procedural guarantees which ensure a fair criminal procedure. In this context, the right to a fair trial is part of all significant international legal documents dealing with the human rights protection, such as the Universal Declaration of Human Rights, the International Covenant of Civil and Political Rights, the European Convention for the Protection of Human Rights, etc. The right to a fair trial also derives from a corpus of human rights included in the constitutions of the states based on the rule of law. The Constitutional Charter of the State Union of Serbia and Montenegro, including the Charter on Human and Minority Rights as its integral part, provides a comfortable constitutional framework for implementing the rights which constitute the right to a fair trial (except for the "ne bis in idem " principle"). Although the Serbian Code on Criminal Procedure does not explicitly proclaim the right to a fair trial, it includes legal provisions that generate conditions for the implementation of all the key procedural guarantees, which are the core of this right in its foil scope. In some of its rules, the Serbian Code on Criminal Procedure supersedes the international legal standards regarding the right to a fair trial.

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