LAY JUDGES IN CROATIAN CRIMINAL PROCEEDINGS AND COMPARISON OF THE ANGLO-AMERICAN JURY SYSTEM AND THE LAY JUDGE SYSTEM

Abstract

The paper analyses the institution of jury, i.e. lay judges also known as lay assessors, in
the legal system of the Republic of Croatia. The first part of the paper places emphasis on
a brief introduction to the subject matter and analysis of the origin and development of
the above-mentioned institute through the history of Europe and the Republic of Croatia,
with special stress on the development of the institute in the recent history of the Republic
of Croatia. The second part of the paper deals with the regulation of the said institute by
means of the Constitution of the Republic of Croatia and relevant national and international
regulations. The third part of the paper gives a detailed analysis of the Anglo-American
(English, “separate”) jury system and its comparison with the lay judge system (the European
continental jury that was also accepted in the Republic of Croatia). The aim of the fourth part
of the paper is to review the positive and negative aspects, i.e. the impacts of the lay judge
system on the judiciary of the Republic of Croatia, whereas the last part of the paper gives
concluding remarks.