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Journal of law and social sciences of the Law Faculty of University J.J. Strossmayer in Osijek = Zeitschrift für Rechts-und Sozialwissenschaften der Fakultät für Rehtswissenschaften der Universität J.J. Strossmayer in Osijek = Journal des sciences juridiq, Vol. 37 No. 1, 2021.

Review article

https://doi.org/10.25234/pv/13884

RULE OF LAW CONCERNS IN THE CROATIAN PENAL ORDER PROCEDURE LINKED TO DEPRIVATION OF LIBERTY, JUDICIAL CONTROL, ADMISSIBILITY OF EVIDENCE AND PROCEDURAL RIGHTS

Zlata Đurđević orcid id orcid.org/0000-0003-0155-442X ; Faculty of Law, University of Zagreb, Trg Republike Hrvatske 14, 10000 Zagreb, Republic of Croatia
Marin Bonačić orcid id orcid.org/0000-0001-9951-0921 ; Faculty of Law, University of Zagreb, Trg Republike Hrvatske 14, 10000 Zagreb, Republic of Croatia
Marija Pleić orcid id orcid.org/0000-0001-8868-0079 ; Faculty of Law, University of Split, Domovinskog rata 8, 21000 Split, Republic of Croatia

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Abstract

The paper analyses the mechanism of a penal order as a consensual procedure aimed at relieving the criminal justice system in cases of minor criminal offences by avoiding a trial. The study aims to analyse the Croatian normative framework and case law in order to determine the distinctive traits of the penal order procedure in a comparative legal context, disclose the procedural reality and detect its shortcomings. The paper focuses on the substantive and procedural requirements for the issuing of a penal order, the judicial control of the indictment requesting a penal order, the defence rights in the proceedings before the issuing of a penal order and the position of the victim. These key elements were researched through normative, theoretical and comparative analysis of German, Austrian, Italian and French law and conclusions were tested in the case law of the Municipal Criminal Court in Zagreb and the Municipal Court in Split. The results of the research reveal that the expansion of the application of the penal order to graver offences punishable by five years of imprisonment and to more severe penalties such as deprivation of liberty, as well as deviations from some fundamental criminal procedural principles inherent in the penal order procedure, raise the question of providing adequate procedural guarantees for the defendant and the victim.

Keywords

penal order; procedural safeguards; judicial review; consensual justice; criminal procedure; defence rights

Hrčak ID:

256832

URI

https://hrcak.srce.hr/256832

Publication date:

30.4.2021.

Article data in other languages: croatian

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