Review article
https://doi.org/10.31141/zrpfs.2024.61.153.337
Right to information in criminal proceedings – theoretical and normative aspects
Ante Novokmet
; Sveučilište Josipa Jurja Strossmayera u Osijeku, Pravni fakultet Osijek
Abstract
In this paper, a targeted theoretical and normative analysis of the harmonization of the Croatian
Misdemeanour Act is carried out from the perspective of the right of the accused to be notified of
the charge and of the procedural rights of the defense developed in the law of the Council of Europe
and the law of the European Union in three aspects: a) the moment of forming the accusation, i.e.
the moment of acquiring the procedural position of the suspect/accused, b) the right of the suspect/
accused to be informed about what s/he is being charged of, the right to be informed about his/her
procedural rights, and c) the right to inspect the case file. In this sense, the theoretical foundations
of the concept of accusation of a criminal offense, the minimum defense guarantees, and the right to
inspect of the case file in the practice of the European Court of Human Rights are firstly considered.
The basic requirements arising from Directive 2012/13/EU are then analyzed in relation to the
suspect’s right to information about what s/he is accused of and to the right to information about
procedural rights, as well as the right to inspect the case file. Finally, the normative framework of
the procedural provisions of the Misdemeanor Act is analyzed, relating it to researched European
positive legal standards, and drawing a conclusion on the normative compliance of the domestic
legal order with the European legal acquis.
Keywords
Misdemeanor Law; right to notification of accusation; right to be informed of procedural rights; Directive 2012/13/EU; fair trial
Hrčak ID:
321200
URI
Publication date:
30.9.2024.
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