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Original scientific paper

https://doi.org/10.54070/hljk.29.2.4

NINTH AMENDMENT OF THE CRIMINAL PROCEDURE ACT: IS THE MODERN JUDICIARY READY FOR FUTURE CHALLENGES?

Zoran Burić orcid id orcid.org/0000-0001-5353-8478 ; Sveučilište u Zagrebu Pravni fakultet, Zagreb, Hrvatska


Full text: croatian pdf 440 Kb

page 311-342

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Abstract

The paper analyses the most important changes that were introduced into the Croatian criminal procedure with the Act on Amendments to the Criminal Procedure Act of 2022. This Act is marked by the aspiration to modernise the criminal procedure through the introduction of electronic communication between the authority of the criminal procedure and its participants, the expansion of the possibility of holding remote hearings, and the mandatory sound recording of the trial. All these changes have opened some important questions related to the way our criminal justice currently works, as well as in relation to its ability to adapt to the targeted changes, but also the compliance of the changes themselves with some other procedural rules and the fundamental rights of the procedural participants, primarily the defendant. With the aim of speeding up the procedure, the Act also includes a ban on the double quashing of the first-instance judgment, in connection with which there was quite an uproar among the professional public. The paper argues why the changes made by the Act were necessary, but also warns of certain shortcomings of the proposed solutions.

Keywords

criminal procedure, modernisation, digital technology, electronic communication, remote hearing, audio recording of the trial, prohibition of double quashing of the first-instance judgment

Hrčak ID:

288482

URI

https://hrcak.srce.hr/288482

Publication date:

29.11.2022.

Article data in other languages: croatian

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