Original scientific paper
https://doi.org/10.30925/zpfsr.46.3.6
Secrecy and Non-Publicity in Pre-Trial Proceedings in Croatian and Comparative Law
Iva Parenta
orcid.org/0000-0001-5599-205X
; University of Rijeka, Faculty of Law
*
* Corresponding author.
Abstract
This paper examines the distinction between non-publicity and secrecy in pretrial proceedings and the effects of the 2024 amendments to criminal legislation on the previously accepted understanding of these notions, in particular the concept of
“non-publicity.” The first part outlines the normative framework of the principle of publicity in Croatian criminal procedure, along with the case law of the European Court of Human Rights developed under Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms (freedom of expression) and Article 6(2) (presumption of innocence). The second part traces the Croatian normative development of the regimes of secrecy and non-publicity in the relevant segments of pre-trial proceedings, from the initial text of the Criminal Procedure Act 2008, through the 2013 reform, to the recent amendments adopted in 2024. The following section provides a comparative analysis of the approaches taken in Austria, Slovenia, and Germany. The final part offers concluding remarks accompanied by de lege ferenda proposals.
Keywords
principle of publicity; secrecy; non-publicity; pre-trial proceedings.
Hrčak ID:
340998
URI
Publication date:
15.12.2025.
Visits: 807 *