Glasnik Advokatske komore Vojvodine (Jan 2019)
Defense statement in the misdemeanor procedure
Abstract
The author analyzes a written defense statement as a special form ofthe right to defense of the defendant in the misdemeanor proceedings. After defining the conditions for the application of this type of defense, the author points out the specificity of the defense statement in the regular misdemeanor proceedings and in the procedure for adjudication on the issued misdemeanor order. Further, the author considers the content of the defense statement and the requirements that it must meet to be considered as prepared with the expert assistance of the defense counsel. In particular, the author analyses the relationship between the submission of the defense council and the defendant's defense statement. The subject of the author's interest is also the written statement of the defendant regarding the evidence presented in the case. In providing the analysis, the author cites numerous court decisions. The author is of the opinion that a mechanism for correcting shortcomings of the defense statement is the oral testimony of the defendant, which proves to be necessary in situations where there is a need for a comprehensive clarification of the case. Finally, analyzing the positive and negative aspects of the defense statement, the author concludes that its application is justified, but that its application and effects depend on the assessment of the judge.
