Izvorni znanstveni članak
https://doi.org/10.54070/hljk.31.2.5
Exclusion in Criminal Proceedings: Theoretical Analysis and Practical Application
Iva Parenta
orcid.org/0000-0001-5599-205X
; Sveučilište u Rijeci Pravni fakultet, Rijeka, Hrvatska
*
Damir Kos
; Vrhovni sud Republike Hrvatske, Hrvatska
* Dopisni autor.
Sažetak
The right to a trial before an impartial court is one of the guarantees of a fair trial, established not only in the interest of the accused but also in the public interest. An impartial court is a conditio sine qua non of the legitimacy of judicial decisions, the preservation of its authority, and public trust in the justice system. Within the Croatian criminal procedure system, the right to a trial before an impartial court is ensured by the provisions of the Criminal Procedure Act, which regulates exclusion. Having in mind the literature gap on this topic in the Republic of Croatia, the fundamental purpose of this paper is to provide a de lege lata interpretation of the provisions regulating exclusion, with an emphasis on issues arising in national jurisprudence. Following an introductory consideration, the paper briefly presents the standards of the guarantee of impartiality developed in the European Court of Human Rights case law, which is also reflected in the jurisprudence of the Constitutional Court of the Republic of Croatia. Starting from the differentiation of the exclusion grounds in the Croatian Criminal Procedure Act (depending on whether it concerns reasons for exclusion or recusal), the following section analyses the exclusion grounds of judges or jurors, as well as additional exclusion grounds of experts which drew public attention in the Agrokor case. This section also examines the circumstances that may lead to the recusal of judges. In addition, the paper examines the exclusion procedure, including the powers available to the court in the case of the obvious abuse of rights. Finally, the paper analyses the procedural consequences of the incorrect application of exclusion provisions. The latter manifests itself as a substantive violation of the criminal procedure provisions, with various consequences depending on whether it concerns the incorrect application of rules leading to exclusion or recusal. The paper ends with concluding remarks
Ključne riječi
Hrčak ID:
328344
URI
Datum izdavanja:
4.12.2024.
Posjeta: 1.484 *