Krivičnoprocesna korupcija
Penal-Process Corruption

Summary/Abstract: In the penal process in the Republic of Serbia there is a series of shortcomings which are a source of corruption. The very submitting of criminal information, attended by information hearing with its submitter, might be a source of corruption. Then, extraordinary assigning a subject to certain judges also emerges as a source of corruption. As origins of corruption during the procedure, too, there appear the extreme construal of the innocence presumption, legal vacuum in view of labour state for criminal acts exerted during work and related to work, as well as failure of trial in a due time. Prevention of corruption, firstly, consists in timely punishment of committers of corruptive criminal acts. By unifying many procedures for several criminal acts and many committers, a penal procedure is, by rule, deformed and generates corruption. Rn especially important source of corruption is the absence of the public, and thereafter the lack of proper mechanisms for the control of judicial and prosecuting work. †he principle of free judiciary opinion in Serbia is compromised in such an extent that we should consider introducing a sort of the negative legal theory of probation. Finally, professional expert and scientific opinions are frequently a necessary element in legal clarification of a certain case, and, as such, they are strong counter-corruptional tool.

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