Determination of a truth in a misdemeanour procedure: Determination of a misdemeanour responsibility

Abstract

Misdemeanours, as a type of criminal offenses, in the Republic of Serbia are the most frequently performed acts. The largest number of persons who are punished for the committed misdemeanour are fined, while prison sentences are rare. However, not so small number of misdemeanor sentenced persons are in the so-called fine default imprisonment. As the most commonly-occurring and less socially dangerous acts, the procedure for establishing the truth in the misdemeanor procedure is simplified. Misdemeanor sanctions are imposed by a misdemeanor court, but there is a possibility that the Republic Commission for the Protection of Rights in Public Procurement Procedures will impose a fine. In addition, the authorized body or an authorized person may issue a misdemeanor warrant. The object of attention is the procedure in which the truth is determined by the misdemeanor court, and the aim is to point out the deficiencies which are prescribed in the current Law on Misdemeanors that make it difficult or impossible to establish the truth. In addition, the authors also point out certain deficiencies in the issuance of a misdemeanor warrant, where the determination of the truth is neglected, and the main aim is to punish the perpetrator and charge a fine in the fixed amount as soon as possible.

Keywords

• truth
• misdemeanor
• misdemeanor warrant
• evidence
• agreement