Univerzitetska Misao (Jan 2019)

Principles of criminal procedure and simplified procedural forms with special reference to the relationship between plea agreement and the principles of truth and justice

  • Nuhodžić Dženana

DOI
https://doi.org/10.5937/univmis1918120N
Journal volume & issue
Vol. 2019, no. 18
pp. 120 – 135

Abstract

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Modern states are constantly trying to find appropriate instruments for a more efficient fight against crime, since regular criminal proceedings have become too expensive and slow to achieve that goal. There is a noticeable tendency to introduce new procedural forms which omit certain phases, ie stages of regular criminal proceedings, all with the aim of combating crime as efficiently as possible. The omission of certain phases, ie stages of criminal proceedings, is the reason for modification and adjustment of basic procedural principles, procedural actions and functions. It is not possible to say in advance which principles will undergo changes and certain limitations with the introduction of simplified forms. Nevertheless, it is clear that the field of those principles on which the part of the procedure is predominantly built, ie the phase that is omitted by the simplified procedural form, will be narrowed first.

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