Neefikasno pravosuđe i mjere za uspješno vođenje krivičnog postupka (kako je mjera zabrane napuštanja boravišta postala kazna)
Inefficient judiciary and preventive measures in criminal proceedings ( how the obligation not to leave a place of residence became a form of punishment)

Author(s): Branko Perić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Public Law, Evaluation research
Published by: Fondacija Centar za javno pravo
Keywords: BiH; judiciary; efficiency; preventive measures; criminal proceedings; residence; Constitutional court; courts;
Summary/Abstract: In his paper, the author points to the illogicality of linking the duration of preventive measures to the duration of the criminal proceedings. There are a series of unpredictable circumstances that might affect the investigation, the right to have a trial within a reasonable time and the trial itself. Based on a more detailed analysis of case law concerning the application of the ban on leaving one's place of residence, the author particularly points to the illegal imposition and extension of this preventive measure and draws a conclusion that in an inefficient judicial system this measure actually turns into a form of punishment. Referring to a spectrum of options the State has at its disposal in order to prevent flight (bilateral agreements on mutual legal assistance in criminal matters), the author advocates a restrictive implementation of the preventive measure of the ban on leaving one's place of residence. The author proposes alternative measures be considered and calls for deeper consideration of possible duration of this measure in light of unforeseen circumstances.

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