Pregledni rad
https://doi.org/10.54070/hljk.32.2.9
THE RELATIONSHIP BETWEEN CRIMINAL AND DISCIPLINARY PROCEEDINGS
Damir Juras
; MUP RH, Hrvatska
*
Matko Pajčić
; Sveučilišite u Splitu Pravni fakultet, Hrvatska
*
* Dopisni autor.
Sažetak
Situations in which a certain person commits the same act as a criminal and disciplinary
offence are not rare and bring with them a whole series of interesting and important procedural
issues. The paper therefore analyses a number of these issues, starting from the different
purposes and conduct of parallel proceedings, the possible obligation of the disciplinary court
to stay proceedings until the criminal proceedings are concluded, or to make a decision based
on the facts established in the criminal proceedings. Furthermore, the subject of the analysis
is also the various rights of persons and the rules according to which these proceedings are
conducted, then the issue of using evidence from the criminal proceedings in the disciplinary
proceedings, and the impact of a criminal conviction on the employment status of employees
outside the disciplinary proceedings. The question of the possibility of applying the principles
of criminal proceedings in disciplinary proceedings, or the application of the Convention provisions
on a fair trial in these proceedings, is also extremely interesting. The paper deals only
with the issue of disciplinary proceedings against civil servants and judicial officials, while the
conduct of proceedings against other categories of persons is omitted due to the limitations of
the scope of the paper. The paper analyses the case law of Croatian courts and the European
Court of Human Rights and the positions of legal doctrine. A brief presentation of comparative
legislation is also included, with a special focus on legal solutions in the Federal Republic of
Germany, where a somewhat different approach to this issue is evident.
Ključne riječi
criminal procedure, disciplinary procedure, evidentiary rules, ne bis in idem
Hrčak ID:
342382
URI
Datum izdavanja:
1.12.2025.
Posjeta: 466 *