Међународноправни стандарди права на усмену расправу пред кривичним судом
International Legal Standards Of The Right To Oral Presentation Before The Court
Author(s): Saša KneževićSubject(s): Law, Constitution, Jurisprudence
Published by: Универзитет у Нишу
Keywords: orality; literacy; language; mandatory procedures; silence
Summary/Abstract: The factual basis of a court decision may present evidence, which is established on public and discussing contradictory debate, at trial. This means that the procedure actions take place orally, whereby, through the testimony of procedure subjects, announces a position about the criminal matter. The evidence contained in the documents, also shall be put to court orally. An oral form of presenting evidence, allows to the parties to present their views on the criminal matter, and to respond immediately to the position of the opposing party (which is realisation of zhe contradictory principle) and the court is able to promptly remove the ambiguity arising from the statement of the procedural subjects, and to direct the course of the evidentiary proceedings. Deviations of the oral form of discussion before the court, which are allowed by law, can not disavow the very essence of the orality principle.
Journal: Teme - Časopis za Društvene Nauke
- Issue Year: 2013
- Issue No: 04
- Page Range: 1689-1704
- Page Count: 16
- Language: Serbian