engleski

PENAL ORDER IN THE LIGHT OF LIMITATIONS AND EXCLUDING THE APPLICATION OF CERTAIN FUNDAMENTAL PRINCIPLES OF CRIMINAL PROCEDURE

The subject of observation of this paper are the problem areas of penal order from the aspect of the limitations and exclusion of the application of certain fundamental principles of criminal procedure. Actualization of this topic is contributed to by two parallel processes within the framework of practice and theory of criminal procedural law which takes place in the second half of the 20th century and the first decade of the 21st century- overburdening of the judiciary and functional changes in procedural maxims. After introductory observations linked to the aforementioned issues, an analysis of the issuing of penal order is given. Then there is an analysis of refraining from the principle of a public hearing and of the principle of the immediacy of court assessment of evidence when dealing with a written procedure. Complete exclusion from the principle of publicity of court hearing is observed given that the judicial decision is reached in camera. Temporary limitation of the principle of contradictoriness is explained which is postponed for hearing upon complaint. Finally, it is concluded that the existing legal solutions, thanks to their consensual nature and prescription by a complaint to a sufficient extent protects the fundamental rights of the defendant. At the same time, the tendency for efficacy is satisfied which justifies penal order and makes it an acceptable institute.

penal order, principle of orality of court hearing, principle of immediacy of court assessment of evidence, principle of publicity of court hearing, principle of contradictoriness, principle of just procedure

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