Zbornik Radova: Pravni Fakultet u Novom Sadu (Jan 2020)

Traditional and new role of defendant in criminal procedure

  • Brkić Snežana S.

DOI
https://doi.org/10.5937/zrpfns54-24879
Journal volume & issue
Vol. 54, no. 2
pp. 561 – 572

Abstract

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The paper highlights some of the deterioration of the defendant, s position in the 2011 Code of criminal procedure of Serbia. On the other hand, it points to some relatively new institutions that go behind the traditional role of the defendant, which is reflected in the opposition to the charges. These are three types of defendant, s agreement with the public prosecution. The first form is a diversionary model, which is applied in the pre-trial procedure. The second is the plea agreement. Both forms were introduced before the confluence to relieve criminal justice, but the defendant himself benefits. The third form is the conclusion of an agreement between the defendant and the sentenced person on testimony in other to successfully detect, prove or prevent the criminal acts referred to in article 162, paragraph 1, item 1 of the Code of criminal procedure.

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