Original scientific paper
https://doi.org/10.3935/zpfz.69.4.01
Exemption from the Statute of Limitations for War Profiteering in the ‘Jaws’ of the Principles of Legality, Justice, and Efficiency
Leo Cvitanović
orcid.org/0000-0001-8383-5262
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Davor Derenčinović
orcid.org/0000-0002-4146-7905
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Marta Dragičević Prtenjača
orcid.org/0000-0001-9666-4765
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
An exemption from the statute of limitations for war profiteering and criminal offences committed during privatization was introduced in the Croatian legal system by constitutional amendments in 2010. As a follow-up, the pertinent act (Law on Exemption) was adopted in 2011. These novelties with retroactive effect were unprecedented not only in Croatian but also in comparative law. They have also sparked numerous controversies among scholars. The proponents of these changes emphasized that their purpose was to correct the injustices that had led to the non-prosecution of war profiteering and privatization crimes. On the other hand, the opponents, including the authors of this paper, emphasized that such a method of correcting "transitional injustice" was wrong. They believed this solution to be contrary to the principle of legality (prohibition of ex post facto legislation, the requirement of the clarity of law), the principle of justice and principle of efficiency. This paper analyzes the concept of retroactive statute of limitations exemption for war profiteering, its meaning, scope, and effectiveness. The authors address the issue of future development of this concept as well as the consequences that it has had for the Croatian criminal justice system.
Keywords
war profiteering; privatization; statute of limitations; exemption from the statute of limitations; principle of legality; principle of justice; principle of efficiency
Hrčak ID:
227076
URI
Publication date:
4.10.2019.
Visits: 3.018 *