Title
Položaj javnog tužioca u reformisanom krivičnom postupku Srbije
Creator
Ristić Vezenković, Мирјана Р. 1985-
Copyright date
2019
Object Links
Select license
Autorstvo-Nekomercijalno-Bez prerade 3.0 Srbija (CC BY-NC-ND 3.0)
License description
Dozvoljavate samo preuzimanje i distribuciju dela, ako/dok se pravilno naznačava ime autora, bez ikakvih promena dela i bez prava komercijalnog korišćenja dela. Ova licenca je najstroža CC licenca. Osnovni opis Licence: http://creativecommons.org/licenses/by-nc-nd/3.0/rs/deed.sr_LATN. Sadržaj ugovora u celini: http://creativecommons.org/licenses/by-nc-nd/3.0/rs/legalcode.sr-Latn
Language
Serbian
Cobiss-ID
Theses Type
Doktorska disertacija
description
Datum odbrane: 26.06.2020.
Other responsibilities
mentor
Knežević, Saša S. 1963-
član komisije
Bugarski, Tatjana 1975-
član komisije
Ilić, Ivan B. 1981-
Academic Expertise
Društveno-humanističke nauke
University
Univerzitet u Nišu
Faculty
Pravni fakultet
Group
Katedra za krivično-pravne nauke
Alternative title
ǂThe ǂposition of the public prosecutor according to the reformed Serbian criminal procedure code
Publisher
[M. S. Ristić Vezenković]
Format
VI, 374 lista
description
Bibliografija: listovi 361-374.
description
Criminal law, criminal procedure
Abstract (en)
The subject of this scientific research is the position of the
Public prosecutor in the criminal proceedings against adult offenders,
according to the reformed Criminal Procedure Code of Serbia. The
aim of the scientific research was to describe, classify and explain the
powers and duties of the Public Prosecutor that constitute their
general procedural position in pre-trials and all stages of the ordinary
criminal proceedings, especially in the diversionary and simplified
procedural forms. The established factors were linked to the quantum
of the Public Prosecutor's rights and duties under the previously
applicable regulations, in order to determine the quantitative and
qualitative changes in their procedural position and the degree of
strengthening of the Public Prosecutor's power in the process of
criminal repression. In line with the topic of this dissertation, the
methods of scientific description and scientific explanation were used
as general methods for researching social phenomena. Among the
specific scientific methods we used the analytic-synthetic method,
inductive-deductive method, and the method of abstraction and
generalization. The authors also used comparative-legal method and
historical-legal method, characteristic for the research of legal
phenomena.
The overall conclusion is that the results of the research
showed that, in the new model of the Serbian Criminal Procedure
Code, the procedural position of the Public Prosecutor has been
radically changed. With the initiation of a formal Public Prosecutor's
Inquiry, the Public Prosecutor becomes the dominus litis of the pretrial
and pre-trial criminal proceedings, while all the evidence
presented in the inquiry has the same evidentiary power as the judicial
evidence. Due to the established and theoretically clarified conceptual
shortcomings of the regulation, it was proposed to introduce a onephase
informal inquiry in which the Public Prosecutor would only
collect and not present the evidence. Based on the theoretical analysis
of the principles and procedural institutions on which the adversarial
model of judicial criminal proceedings was built, it was concluded
that the responsibility to establish factual situation should be
transferred to the Public Prosecutor and that in legal remedies the
public prosecutor is the protector of legality instead of the court. The
result of a detailed theoretical analysis of the diversionary and
simplified forms of resolving criminal matters is the view that the
Public Prosecutor in the diversionary proceedings takes on the
attributes of the judicial authority because they impose para-penal
measures on the perpetrators, and in simplified forms, they have a
decisive influence over the criminal policies of the courts. The final
conclusion is that the constitutional position of the Public Prosecutor
is not in harmony with their new role in the reformed criminal
procedure, leading to the proposal to ensure the necessary functional
independence through constitutional and legal norms and to explicitly
include the Public Prosecutor's Office in standard judicial bodies.
Authors Key words
krivični postupak, javni tužilac, krivično gonjenje, istraga, optuženje, glavni pretres, pravni lekovi, načelo oportuniteta krivičnog gonjenja, uprošćene procesne forme, kaznena politika
Authors Key words
Criminal procedure, public prosecutor, prosecution, inquiry,
indictment, main trial, legal remedies, the principle of the opportunity
for prosecution, simplified procedural forms, penal policy
Classification
343.163(479.11)(043.3)
Subject
S149
Type
Tekst
Abstract (en)
The subject of this scientific research is the position of the
Public prosecutor in the criminal proceedings against adult offenders,
according to the reformed Criminal Procedure Code of Serbia. The
aim of the scientific research was to describe, classify and explain the
powers and duties of the Public Prosecutor that constitute their
general procedural position in pre-trials and all stages of the ordinary
criminal proceedings, especially in the diversionary and simplified
procedural forms. The established factors were linked to the quantum
of the Public Prosecutor's rights and duties under the previously
applicable regulations, in order to determine the quantitative and
qualitative changes in their procedural position and the degree of
strengthening of the Public Prosecutor's power in the process of
criminal repression. In line with the topic of this dissertation, the
methods of scientific description and scientific explanation were used
as general methods for researching social phenomena. Among the
specific scientific methods we used the analytic-synthetic method,
inductive-deductive method, and the method of abstraction and
generalization. The authors also used comparative-legal method and
historical-legal method, characteristic for the research of legal
phenomena.
The overall conclusion is that the results of the research
showed that, in the new model of the Serbian Criminal Procedure
Code, the procedural position of the Public Prosecutor has been
radically changed. With the initiation of a formal Public Prosecutor's
Inquiry, the Public Prosecutor becomes the dominus litis of the pretrial
and pre-trial criminal proceedings, while all the evidence
presented in the inquiry has the same evidentiary power as the judicial
evidence. Due to the established and theoretically clarified conceptual
shortcomings of the regulation, it was proposed to introduce a onephase
informal inquiry in which the Public Prosecutor would only
collect and not present the evidence. Based on the theoretical analysis
of the principles and procedural institutions on which the adversarial
model of judicial criminal proceedings was built, it was concluded
that the responsibility to establish factual situation should be
transferred to the Public Prosecutor and that in legal remedies the
public prosecutor is the protector of legality instead of the court. The
result of a detailed theoretical analysis of the diversionary and
simplified forms of resolving criminal matters is the view that the
Public Prosecutor in the diversionary proceedings takes on the
attributes of the judicial authority because they impose para-penal
measures on the perpetrators, and in simplified forms, they have a
decisive influence over the criminal policies of the courts. The final
conclusion is that the constitutional position of the Public Prosecutor
is not in harmony with their new role in the reformed criminal
procedure, leading to the proposal to ensure the necessary functional
independence through constitutional and legal norms and to explicitly
include the Public Prosecutor's Office in standard judicial bodies.
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