ШВАЈЦАРСКИ ПОСТУПАК ЗА ИЗДАВАЊЕ КАЗНЕНОГ НАЛОГА
SWISS PROCEDURE OF ISSUING A CRIMINAL WARRANT

Summary/Abstract: At the beginning of the XXI century has changed radically criminal procedural legislation in BiH. One of the most important novelties is the procedure of issuing a criminal warrant. This procedure has been accepted solely under various foreign influences. Although it is a new procedure, it is applied massively. Approximately in half of the indictments the prosecutor files an application of issuing a criminal warrant. However, this procedure has caused numerous dilemmas, both in theory and in practice. It is obvious a need for amendments of the provisions that regulate it in order to standardize it more accurately, better and more completely. This task can certainly contribute to the study of this process in other legislations. In comparative legislation particularly significant is Swiss Strafbefehlsverfahren. It has influenced the emergence of this process in all other legislations, including in Bosnia and Herzegovina. This fact points to the need for knowledge of basic characteristics of this famous Swiss procedure. It is the most representative of the traditional form of procedure of issuing a criminal warrant, which is commonly called mandatory procedure, which exists in most jurisdictions. There, a penal order represents a particular court and extremely prosecutorial decision, which is adopted on the basis of files, without direct contact between the court and the parties. The procedure of issuing a criminal warrant in BiH is significantly different from the mandate procedure. The main difference is in the fact that issuing a criminal warrant is preceded by a hearing in which the defendant explicitly declares whether he will accept the proposal of the prosecutor. Some solutions of the Swiss procedure of issuing a criminal warrant are affordable and could improve this procedure in BiH.

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