Izvorni znanstveni članak
Procedural Rights of Suspects and Accused Persons in Croatian Criminal Proceedings in the Light of the EPPO Regulation
Marija Pleić
orcid.org/0000-0001-8868-0079
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Sažetak
This paper analyses the procedural rights of suspects and accused
persons in EPPO proceedings in the Republic of Croatia. Regulation
(EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation
on the establishment of the European Public Prosecutor’s Office
does not elaborate defence rights in detail, but leaves this matter to
national law which has to comply with the EU Charter of Fundamental
Rights and with the adopted directives on the procedural rights of
suspects and accused persons. Following the wording of Articles 41
and 42 of the Regulation which address procedural safeguards in the
EPPO proceedings, the author will give an overview of the procedural
rights guaranteed in the directives on procedural rights, on their transposition
into Croatian criminal procedure law, and will indicate the
shortcomings and potential obstacles which could arise in EPPO proceedings.
After some introductory remarks on the tendencies in Croatian
criminal procedure law, an analysis will be made of the right
to interpretation and translation, the right to information, the right of
access to a lawyer and to legal aid, the right to remain silent and to
be presumed innocent, as well as the right to gather evidence. Finally,
the judicial review of procedural acts of the EPPO under the Croatian
criminal procedure law will be examined.
Ključne riječi
European Public Prosecutor; judicial review; procedural rights in criminal proceedings; defence
Hrčak ID:
244942
URI
Datum izdavanja:
15.10.2020.
Posjeta: 1.678 *