Prethodno priopćenje

CRIMINAL AND DISCIPLINARY RESPONSIBILITY OF JUDGES

Mijo Galiot ; Općinski sud u Spitu
Silvio Čović ; Upravni sud u Splitu
Damir Juras ; Ministarstvo unutarnjih poslova, Split

Sažetak

In this paper, the author gives examples from the practice and statistical data on disciplinary violations and penalties, as well as analyses criminal and disciplinary responsibility of judges and the influence of the said responsibilities on their work and behaviour.
The author claims that there are no legal or other reasonable grounds for standardizing the specific criminal offense of “violation of law” by a judge, considering that all violations of law in performing judicial duties can be brought under the existing criminal offence of the abuse of position and authority.
In the chapter on disciplinary responsibility, the author presents an overview of the authorities competent for initiating and conducting disciplinary proceedings, the rules of disciplinary proceedings, the description of disciplinary offenses and penalties, as well as describes the terms and conditions for suspension of judges from performing judicial duties. The author proposes the following: distinguishing between minor and severe disciplinary violations, drafting special disciplinary rules of procedure, relating the revocation of suspended sentence with the severity of new violation, establishing separate body for the disciplinary prosecution, and specifying the period within which the disciplinary proceedings have to be completed.

Ključne riječi

disciplinary responsibility; State Judicial Council; criminal responsibility; judge

Hrčak ID:

119394

URI

https://hrcak.srce.hr/119394

Datum izdavanja:

19.12.2013.

Podaci na drugim jezicima: hrvatski

Posjeta: 7.025 *