ПРАВО НА СУЂЕЊЕ БЕЗ ОДГАЂАЊА
THE RIGHT TO BE TRIED WITHOUT UNDUE DELAY

Summary/Abstract: The right to be tried without undue delay is set as a legal principle that is closely related to the right to be tried within a reasonable time. Nearly all rights are based on the principle that preparation for trial and trial proceedings before the competent court must be performed as soon as possible in order to preclude unnecessary interference of state authorities in citizens’ personal rights. Accordingly, the Criminal Procedure Code of the Republic of Serbian stipulates in Article 13 that the suspect or the accused has the right to be brought before an independent and impartial tribunal within the shortest reasonable time and to be tried without undue delay. This Article also provides that the court is obliged to conduct the proceedings without delay and prevent any abuse of the rights that the participants in the proceedings are entitled to. Accordingly, the legislator has established time limits that must be observed in the course of taking criminal procedure actions, for the purpose of ensuring fair proceedings and exercising the legal standard to be tried without undue delay. The importance of this principle is reinforced by the judicial practice of the European Court of Human Rights in Strasbourg, whose case law provides ample examples of judicial opinions on this issue. In particular, it seems important to establish the specific criteria for assessing the ‘’reasonable time’’ standard.

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