PROCEDURAL IMMUNITY FROM CRIMINAL AND MISDEMEANOUR PROCEEDINGS PRESCRIBED BY CROATIAN LAW

FEATURES AND CONTROVERSIES

Authors

  • Marin Bonačić University of Zagreb, Faculty of Law
  • Nikša Vojvoda University of Zagreb, Faculty of Law

DOI:

https://doi.org/10.30925/zpfsr.45.3.4

Keywords:

procedural immunity in criminal proceedings, procedural immunity in misdemeanour proceedings, immunity of inviolability, complete immunity, partial immunity

Abstract

The institute of procedural immunity from criminal proceedings or the immunity of inviolability prevents the initiation of criminal proceedings against certain categories of persons or the deprivation of their freedom for all or certain criminal offenses. This immunity can be based on the rules of international law or national law, and only the latter is considered in the paper. Following a theoretical introduction, the paper discusses the holders and scope of their immunity from criminal proceedings. Additionally, it examines the permissibility of prescribing immunity from criminal proceedings by law, its temporal validity, the prohibition of “detention,” the prohibition of “initiating” proceedings, as well as its procedural
effects. The paper also investigates whether, contrary to the legal provision, immunity from criminal proceedings extends to misdemeanour proceedings. In order to address answers or guidelines for unsolved theoretical and practical questions regarding immunity from criminal proceedings in Croatian law, the regulation of immunity in German and French legal systems was also examined. Based on the conducted research, it is concluded that there are no clear criteria on when immunity can be prescribed by law and that the regulation of immunity is not completely coherent. Other features of this immunity are established: it is time-limited, it covers all forms of deprivation of liberty, and it does not prevent actions during the inquiry phase of proceedings. Moreover, the application of criminal immunity in criminal proceedings is at least partially justified.

Additional Files

Published

2024-12-15

How to Cite

Bonačić, M., & Vojvoda, N. (2024). PROCEDURAL IMMUNITY FROM CRIMINAL AND MISDEMEANOUR PROCEEDINGS PRESCRIBED BY CROATIAN LAW: FEATURES AND CONTROVERSIES. Collected Papers of the Law Faculty of the University of Rijeka, 45(3), 561–587. https://doi.org/10.30925/zpfsr.45.3.4

Issue

Vol. 45 No. 3 (2024): Collected Papers of the Faculty of Law of the University of Rijeka

Section

ARTICLES

License

Copyright (c) 2024 Marin Bonačić, Nikša Vojvoda

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