NEW DEVELOPMENTS IN CROATIAN CRIMINAL LEGISLATION MAX PLANCK INSTITUTE FOR FOREIGN AND INTERNATIONAL CRIMINAL LAW FREIBURG, 29 AUGUST 2013 NEW CROATIAN CRIMINAL PROCEDURE ACT - EUROPE SAYS - PowerPoint PPT Presentation

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NEW DEVELOPMENTS IN CROATIAN CRIMINAL LEGISLATION MAX PLANCK INSTITUTE FOR FOREIGN AND INTERNATIONAL CRIMINAL LAW FREIBURG, 29 AUGUST 2013 NEW CROATIAN CRIMINAL PROCEDURE ACT - EUROPE SAYS

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Title: NEW DEVELOPMENTS IN CROATIAN CRIMINAL LEGISLATION MAX PLANCK INSTITUTE FOR FOREIGN AND INTERNATIONAL CRIMINAL LAW FREIBURG, 29 AUGUST 2013 NEW CROATIAN CRIMINAL PROCEDURE ACT - EUROPE SAYS


1
NEW DEVELOPMENTS IN CROATIAN CRIMINAL
LEGISLATIONMAX PLANCK INSTITUTE FOR FOREIGN AND
INTERNATIONAL CRIMINAL LAWFREIBURG, 29 AUGUST
2013NEW CROATIAN CRIMINAL PROCEDURE ACT -
EUROPE SAYS YES, BUT THE CONSTITUTIONAL COURT
SAYS NO
  • ZORAN BURIC
  • ASSISTANT LECTURER
  • DEPARTMENT OF CRIMINAL PROCEDURAL LAW
  • UNIVERSITY OF ZAGREB FACULTY OF LAW
  • zoburic_at_pravo.hr

2
OVERVIEW
  • NEW CROATIAN CRIMINAL PROCEDURE ACT CPA/2008
    MAIN CHARACTERISTICS, REASONS BEHIND IT
  • DECISION OF THE CONSTITUTIONAL COURT REGARDING
    THE CONSTITUTIONALITY OF THE CPA/2008
  • FUTURE PERSPECTIVES

3
ADOPTION AND COMING INTO FORCE
  • ADOPTED
  • - 15 December 2008 (Official Gazette 152/08)
  • CAME INTO FORCE
  • - 1 July 2009 for USKOK (organized crime and
    corruption) offences
  • - 1 September 2011 for all other offences

4
MAIN CHARACTERISTICS RESIGNMENT WITH THE
TRADITION
  • PRE-TRIAL PHASE
  • - the investigative judge abandoned
  • - strong public prosecutor
  • - limited participatory rights for the defence
  • INDICTMENT PHASE
  • - broad possibilities for parties agreements
  • - disclosure of evidence, preclusion
  • TRIAL PHASE
  • - passivation of the judge
  • - evidence presented by the parties
    cross-examination of witnesses

5
REASONS BEHIND IT
  • EFFECTIVE CRIMINAL PROSECUTION OF ORGANIZED AND
    CORRUPTION CRIMES
  • - EU ACCESSION PROCESS CHAPTER 23
  • NEED TO ADAPT TO THE EUROPEAN MODEL OF A
    PROSECUTORIAL INVESTIGATION

6
INSTABILITY OF THE NORMATIVE STRUCTURE
  • AMENDED
  • - before the Constitutional Court decision
  • - 30 June 2009 (119 Articles)
  • - 1 July 2011 (51 Articles)
  • - after the Constitutional Court decision
  • - 7 December 2012 (118 Articles)
  • - 26 April 2013 (9 Articles)
  • - another one on the way (expected to be
    adopted in Sep/Oct 2013 231 Articles)

7
CONSTITUTIONAL COURT DECISION
  • Decision of 19 July 2012
  • - 43 provisions of the CPA declared
    unconstitutional
  • - Structural deficiencies
  • - non-existence of the judicial control of
    the prosecutorial function in the pre-trial
    procedure
  • - non-existence of mechanisms to enable
    effective investigation
  • - unbalanced criminal procedure

8
FUTURE PERSPECTIVES
  • New amendments by the end of 2013
  • - further development of the new model
  • - strengthening the position of the defence in
    pre-trial proceedings
  • - strengthening the position of the judge both
    in pre-trial and in trial phase
  • Stabilization of the existing normative
    structure, or the adoption of a new CPA?

9
  • Thank you!
  • zoburic_at_pravo.hr
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