NOVI MODEL ISPITIVANJA SVJEDOKA NA RASPRAVI
NEW MODEL OF EXAMINATION OD WITNESSES AT HEARINGS

Summary/Abstract: The new model of examination of witnesses at hearings in criminal proceedings is reflected in its main, cross-examination and additional examination. The goal of this model is to strengthen the role and position of the parties, especially defendants, as opposed to the court, which now becomes a neutral and impartial trier of criminal dispute. Their role is reinforced by the original right to propose and present evidence in criminal proceedings. The authors particularly point out to the great importance of the cross-examination of witnesses in adversarial proceedings, as one of the main “weapon” by which parties exercise their procedural rights and interests. This contributes to the more efficient realization of the right to a fair trial, which is closely related to the defendant’s right to an effective defense. After a detailed review of rules and ways of the main, cross-examination and additional examination of witnesses at the hearing, the paper gives a brief comparative law view of the system in the Anglo-American, Italian and Bosnian law.

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