MEASURES TO SECURE THE PRESENCE OF DEFENDANT AND FOR UNOBSTRUCTED CONDUCT OF CRIMINAL PROCEEDING: NEW SERBIAN CPC AND REGIONAL COMPARATIVE ANALYSIS
Autor/i: Ana Petrović LL.M., Ivan Jovanović LL.M.
Stranice: 361-387
UDK: 343.121(4-12)
DOI:
Apstrakt: The subject of this paper are criminal procedure issues relating to securing the presence of defendant and unobstructed conduct of proceedings. From its structural aspect the subject issue has been addressed through two groups of questions and deliberations in conclusion. The first group relates to general observations concerning these measures where particular attention was dedicated to presentation of the issue of: concept, type and nature of measures; general rules on application thereof, and similarities and disparity in normative amplification in the new Serbian CPC on one hand, and in its previous criminal procedure legislation and legislation of three countries of the region (Croatia, BiH and Montenegro) on the other. The second - central group of issues - is dedicated, but not limited to individual normative analysis of six of the seven of such possible measures provided under the new Serbian CPC (summons, order to bring [a defendant in], ban to approach, meet and communicate in respect to particular individual, ban to leave temporary residence; bail, and ban to leave abode). Among the number of issues analyzed in this part of the paper the following particularly stand out: requirements for application, duration and manner of decision-taking regarding each of these measures. Moreover, as in the case of the first group of issues, the issues in this part of the paper are analyzed both from the aspect of the new Serbian CPC and from the aspect of previous criminal procedure legislation and the legislation of the countries in the region (Croatia, BiH and Montenegro). The paper concludes with deliberations where authors give a summarized presentation of the results they have arrived at in analyzing the subject topic.
Ključne reči: measures to secure presence, defendant, criminal procedure, court, public prosecutor, bail, order to bring, summons, ban to leave, abode, detention, legislation, Serbia, region
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