Prethodno priopćenje

Conditional waive of criminal prosecution

Marina Carić

Sažetak

This article is an extended and supplemented version of the author's presentation at an international conference entitled „Ius criminale: quo vadis? “held in Rijeka on 5.04.2008. This article presents the solution of the institution of conditional waive of Criminal prosecution in the preliminary draft of the Criminal Procedure Act and offers certain suggestions on which direction its amendments should take. As a staring point, the author takes the existing text of the preliminary draft. The ideas for the suggestions are found in the Recommendations of the Council of Europe Committee of Ministers in 1987 and in the new Austrian solution of the institution of waive of criminal prosecution in 1999. In this sense, the author also suggests certain amendments and more precision of expression in art. 522 of the Criminal Procedure Act/08 (ZKP/08). Given that, in the meantime, a new Criminal Procedure Act has been passed, after analysis of the solution of the application of the principle of opportunity in art. 521 and 522 of the Criminal Procedure Act /08 (ZKP/08), the author concludes that this solution represents a considerable widening of the area of the General Attorney’s decision making towards that principle.

Ključne riječi

Criminal prosecution; principle of opportunity; conditional postpone; conditional waive; Croatia; Criminal Procedure Act

Hrčak ID:

41543

URI

https://hrcak.srce.hr/41543

Datum izdavanja:

9.10.2009.

Podaci na drugim jezicima: hrvatski

Posjeta: 2.971 *