УТИЦАЈ КОНСЕНСУАЛНИХ ПРОЦЕСНИХ ФОРМИ НА УТВРЂИВАЊЕ И ДОКАЗИВАЊЕ ЧИЊЕНИЦА У КРИВИЧНОМ ПОСТУПКУ
THE INFLUENCE OF CONSENSUAL PROCEDURAL FORMS ON ESTABLISHING AND PROVING FACTS IN CRIMINAL PROCEDURE

Summary/Abstract: In recent decades, criminal proceedings in transition countries have faced the challenges of modern times, very much like the entire society. This has prompted a number of reform activities, which have resulted in shifting the traditional continental type of proceedings to the adversarial criminal procedure. One of the important directions in the reform is the introduction of consensual and diversionary forms into criminal proceedings. Thus, the prosecution of criminal offenses which are punishable by a fine or a sentence of imprisonment of up to five years may be postponed through the application of conditional opportunity. It is one of the diversionary forms aimed at avoiding the instigation of criminal proceedings. Another simplified procedural form, which is envisaged in the criminal procedure legislation, is the hearing for imposing a criminal sanction. This hearing may be held instead of the main trial proceeding in cases involving criminal offenses punishable by a fine and a sentence of imprisonment not exceeding five years. One of the consensual forms is plea bargaining between the public prosecutor and the defendant. In this paper, the author deals with the influence of these consensual and diversionary forms (conditional opportunity, the hearing for imposing a criminal sanction, and plea bargaining) on establishing and proving facts in criminal proceedings.

• Details
• Contents