Pregledni rad
The presumption of innocence
Marijan Bitanga
; Županijski sud u Zadru, Zadar, Hrvatska
Sažetak
The presumption of innocence and pre-trial detention represent prima facie two opposing categories: the fi rst refl ects one of the essential, fundamental criminal procedure rights of defendants in contemporary criminal proceedings, whereas the other embodies (among other things) the State’s drive to improve the efficiency of the criminal prosecution and punishment of offenders. In practice, these two principles of law are in a sort of "process-based cohabitation". By analysing a relatively small (yet representative) sample of court decisions, including those rendered by the Constitutional Court of the Republic of Croatia, with reference to the case law of the European Court of Human Rights and the Court of Justice of the European Union, the author attempts to determine which way the balance is tipping between the presumption of innocence and pre-trial detention. The general public is undeniably familiar with both of these principles of law, as they are ever-present in the media, often in misplaced contexts. This paper addresses the issue of the attitude of courts and state attorney offices towards the two principles of criminal procedural law based on the content of the decisions they make in the course of their work. The analysis of the decisions rendered by ordinary courts suggests that there are indications of a worrying situation that can potentially become a trend: the public is increasingly perceiving pre-trial detention as a prison sentence in finem, and such a state of affairs shows situations in court practice where pre-trial detention, as ultima ratio societatis regarding the denying an individual his or her freedom, is ordered/prolonged to the detriment of the presumption of innocence of the defendant. Therefore, the presumption of innocence is, in a sense, in pre-trial detention! The paper therefore recommends that further studies of judicial practice be carried out with a view to aligning it with convention standards (primarily with the standards of the Convention for the Protection of Human Rights and Fundamental Freedoms) and EU rights standards (in particular those under the Charter of Fundamental Rights of the European Union and the Directive (EU) of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings).
Ključne riječi
presumption of innocence; pre-trial detention; County Court in Zadar; Supreme Court of the Republic of Croatia; Constitutional Court of the Republic of Croatia
Hrčak ID:
218957
URI
Datum izdavanja:
12.12.2018.
Posjeta: 1.800 *