Position of the iniured party in criminal procceedings

[M. B. Milojević]

473 str.

Biografija autora: 470. Bibliografija: 449-468.

Criminal procеedings

The subject of this doctoral dissertation is a comprehensive study of the position of the injured party in the criminal procedure of the RS, with the aim of determining the level of protection of their rights in theory, practice, and legislation, as well as the degree of implementation of the international standards. According to the author, the injured party has been marginalized within the modern Serbian criminal justice system, particularly following the introduction of the new Criminal Procedure Code of 2011, which oriented the system toward an adversarial model, thereby further worsening the position of the victim. The research is based on an interdisciplinary approach—primarily procedural criminal law, but also victimological and criminological—and includes an analysis of domestic legislation, international legal instruments, and a comparative overview of countries with similar legal traditions. The empirical part of the research was conducted in several courts and public prosecutor’s offices, with statistical data from practice, as well as the results of surveys and interviews with judges and prosecutors, presented and analyzed in detail. The key findings indicate that, in practice, the role of the injured party has been reduced to that of a witness, with limited influence over the course and outcome of proceedings. The research confirmed the general hypothesis that the position of the injured party has deteriorated compared to the previous legal framework. The author points out that the established rights of the injured party are minimal—especially regarding the subsidiary prosecution, participation in plea bargaining, and the application of the principle of opportunity—and that the injured party’s objection is not designed as an effective legal remedy. The specific hypotheses have also been confirmed: the injured party rarely acts as a subsidiary prosecutor; few proceedings are initiated based on their motion or private indictment, and the success rate of private prosecutors is low. It was also shown that the injured party seldom realizes their property claim within criminal proceedings and is usually referred to civil litigation, while the system of victim support remains underdeveloped. The dissertation concludes by emphasizing the need to strengthen the procedural position of the injured party through legislative reform and improved practice of prosecutorial and judicial authorities.The author offers concrete de lege ferenda proposals aimed at preventing secondary victimization and encouraging victims to participate more actively in criminal proceedings.

oštećeni, žrtva krivičnog dela, supsidijarni tužilac, imovinskopravni zahtev, privatni tužilac, prigovor oštećenog, predlog za krivično gonjenje, restorativna pravda, sekundarna viktimizacija

iniured party, victim of the criminal offence, subsidiary prosecutor, property claim, private prosecutor, injured party’s objection, motion for criminal prosecution, restorative justice, secondary victimization

343.121(497.11)(043.3)

S149

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