KRIVIČNO PROCESNO ZAKONODAVSTVO REPUBLIKE SRPSKE I ŽRTVA KRIVIČNOG DJELA
CRIMINAL PROCEDURE LEGISLATION OF THE REPUBLIKA SRPSKA AND THE VICTIM OF A CRIMINAL OFFENSE

Summary/Abstract: Despite the fact that Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime, adopted by the Resolution of the European Parliament on 30 May 2018, contains provisions of a criminal law nature in general (substantive, procedural, juvenile and enforcement) on the status of victim of crime, its focus is on the questions of criminal procedural character. This position of the Directive on this issue is based on two key criminal-political reasons. The first is based on the fact that the victim of crime can exercise his/her rights in connection with this status only in criminal proceedings. Second, the criminal procedure itself, by its very nature, is an inconvenience for the victim of crime and, as such, it leaves additional negative consequences for a victim. These consequences should be reduced to the greatest extent possible by standardizing adequate criminal procedural instruments and by their application, which, we must admit, is not easy to provide. However, the guidelines on how to achieve this are provided by the Directive. For these reasons, and not only them, in the process of harmonizing national criminal legislation with the standards of the Directive, the focus must be on harmonizing their criminal procedural legislation - the law on criminal procedure - with the Directive. Of course, the norms of substantive, juvenile and enforcement criminal law should not be left out, because they should also regulate certain issues concerning the victim of crime. Only in situations where all of them are harmonized with the standards of the Directive can we talk about the harmonization of the national criminal legislation with the standards of the Directive.

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