Review article

Judicial Review of Indictment – A Separate Phase of Criminal Proceedings

Ante Novokmet ; Faculty of Law, Josip Juraj Strossmayer University of Osijek, Osijek, Croatia

Abstract

This paper considers the question of phases of the Croatian criminal procedure. Special attention is given to the justification of the existing solution in which judicial review of the indictment is only one stage of the pre-trial proceedings. Specifically, judicial review of indictment is still a transitional or an intermediate stage between the preliminary proceeding and the trial and is still regulated within the stage of accusation. Having regard to the initial hypothesis that only a procedural stage that has a specific purpose and an authority which conducts it can be called a phase of criminal proceedings, this article presents the phase of judicial review of indictment in Germany and Austria, and provides a critical analysis of the existing Croatian solution. In conclusion, the author points to the necessity to regulate judicial review of indictment as a separate phase of criminal proceedings, and in this regard proposes new solutions thereto de lege ferenda.

Keywords

criminal procedure; phases of criminal proceedings; judicial review of indictment

Hrčak ID:

132637

URI

https://hrcak.srce.hr/132637

Publication date:

16.12.2014.

Article data in other languages: croatian

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