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ZORAN BURIC ASSISTANT LECTURER DEPARTMENT OF CRIMINAL PROCEDURAL LAW

NEW DEVELOPMENTS IN CROATIAN CRIMINAL LEGISLATION MAX PLANCK INSTITUTE FOR FOREIGN AND INTERNATIONAL CRIMINAL LAW FREIBURG, 29 AUGUST 2013 NEW CROATIAN CRIMINAL PROCEDURE ACT - EUROPE SAYS “YES“, BUT THE CONSTITUTIONAL COURT SAYS “NO“. ZORAN BURIC ASSISTANT LECTURER

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ZORAN BURIC ASSISTANT LECTURER DEPARTMENT OF CRIMINAL PROCEDURAL LAW

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  1. NEW DEVELOPMENTS IN CROATIAN CRIMINAL LEGISLATIONMAX PLANCK INSTITUTE FOR FOREIGN AND INTERNATIONAL CRIMINAL LAWFREIBURG, 29 AUGUST 2013NEW CROATIAN CRIMINAL PROCEDURE ACT - EUROPE SAYS “YES“, BUT THE CONSTITUTIONAL COURT SAYS “NO“ ZORAN BURIC ASSISTANT LECTURER DEPARTMENT OF CRIMINAL PROCEDURAL LAW UNIVERSITY OF ZAGREB – FACULTY OF LAW zoburic@pravo.hr

  2. OVERVIEW • NEW CROATIAN CRIMINAL PROCEDURE ACT – CPA/2008: MAIN CHARACTERISTICS, REASONS BEHIND IT • DECISION OF THE CONSTITUTIONAL COURT REGARDING THE CONSTITUTIONALITY OF THE CPA/2008 • FUTURE PERSPECTIVES

  3. ADOPTION AND COMING INTO FORCE • ADOPTED - 15 December 2008 (Official Gazette 152/08) • CAME INTO FORCE - 1 July 2009 – for USKOK (organized crime and corruption) offences - 1 September 2011 – for all other offences

  4. MAIN CHARACTERISTICS – RESIGNMENT WITH THE TRADITION • PRE-TRIAL PHASE: - the investigative judge abandoned - strong public prosecutor - limited participatory rights for the defence • INDICTMENT PHASE: - broad possibilities for parties agreements - disclosure of evidence, preclusion • TRIAL PHASE: - passivation of the judge - evidence presented by the parties: cross-examination of witnesses

  5. REASONS BEHIND IT • EFFECTIVE CRIMINAL PROSECUTION OF ORGANIZED AND CORRUPTION CRIMES - EU ACCESSION PROCESS – CHAPTER 23 • NEED TO ADAPT TO THE „EUROPEAN MODEL“ OF A PROSECUTORIAL INVESTIGATION

  6. INSTABILITY OF THE NORMATIVE STRUCTURE • AMENDED: - before the Constitutional Court decision: - 30 June 2009 (119 Articles) - 1 July 2011 (51 Articles) - after the Constitutional Court decision: - 7 December 2012 (118 Articles) - 26 April 2013 (9 Articles) - another one on the way (expected to be adopted in Sep/Oct 2013 – 231 Articles)

  7. CONSTITUTIONAL COURT DECISION • Decision of 19 July 2012 - 43 provisions of the CPA declared unconstitutional - Structural deficiencies: - non-existence of the judicial control of the prosecutorial function in the pre-trial procedure - non-existence of mechanisms to enable effective investigation - unbalanced criminal procedure

  8. FUTURE PERSPECTIVES • New amendments by the end of 2013: - further development of the „new model“ - strengthening the position of the defence in pre-trial proceedings - strengthening the position of the judge both in pre-trial and in trial phase • Stabilization of the existing normative structure, or the adoption of a new CPA?

  9. Thank you! zoburic@pravo.hr

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