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Some Issues of Compliance of Croatian Criminal Procedural Law With the Directives on Defence Rights: Analysis of Jurisprudence

Elizabeta Ivičević Karas ; Pravni fakultet, Sveučilište u Zagrebu, Zagreb, Hrvatska
Zoran Burić ; Pravni fakultet, Sveučilište u Zagrebu, Zagreb, Hrvatska
Marin Bonačić ; Pravni fakultet, Sveučilište u Zagrebu, Zagreb, Hrvatska


Puni tekst: hrvatski pdf 325 Kb

str. 543-569

preuzimanja: 160

citiraj


Sažetak

The paper analyses the results of the implementation in Croatian criminal procedure law of three directives on defence rights: the Directive on the right to information, the Directive on the right of access to a lawyer, and the Directive on the right to interpretation and translation. Unlike some earlier research, which focused primarily on the normative framework, this research is oriented towards case law and was conducted by searching the online database of case law of the Supreme Court of the Republic of Croatia. The selection of decisions to be analysed was determined by attempting to fi nd answers to certain questions that proved controversial during the implementation process and were discussed by the domestic professional public. The issues considered in the paper are divided into two parts: a) issues related to the right to information and the right to a defence counsel in court practice, which are further divided into those related primarily to the conduct of the police, and those related primarily to the conduct of the State Attorney, and other issues; and b) issues related to the right to interpretation and translation. Given the analysed issues, based on previous research it is possible to conclude that the Croatian normative framework is harmonised with the considered directives on defence rights, but that in practice there are questions that require adequate and reasoned answers in order for the same conclusion to apply to Croatian criminal procedure law as a whole – both legislation and practice. This paper offers some of these answers.

Ključne riječi

defence rights, right to information, right to defence counsel, right to interpretation, right to translation, suspect

Hrčak ID:

253325

URI

https://hrcak.srce.hr/253325

Podaci na drugim jezicima: hrvatski

Posjeta: 436 *