Professional paper
Effective Investigation Standards Regarding the Criminal Proceedings of the Constitutional Court of the Republic of Croatia
Snježana Bagić
; Ustavni sud Republike Hrvatske, Zagreb, Hrvatska
Abstract
The procedural obligation to conduct effective investigation has become a principle that
applies not only to the procedural stage but to the entire criminal proceedings. The Constitutional
Court has taken an active role in establishing an appropriate legal remedy at the national
level which enables, even prior to the exhaustion of available legal remedies, an efficient review
of complaints for failure to conduct an investigation of criminal offences related to the right to
life under Article 21 paragraph 1 of the Constitution (Article 2 paragraph 1 of the Convention
for the Protection of Human Rights) and the prohibition of ill-treatment (torture) under Article
23 paragraph 1 of the Constitution (Article 3 of the Convention). This article provides an overview
of the Constitutional Court case law on defining standards in relation to the previously
stated issues.
Keywords
European Court of Human Rights; constitutional complaint; efficient criminal investigation; efficient legal remedy; right to life; ill treatment/torture
Hrčak ID:
232769
URI
Publication date:
2.12.2019.
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