ПУТЕВИ И СТРАНПУТИЦЕ ПРАВА НА ПРАВИЧНО СУЂЕЊЕ
The Right to a Fair Trial

Summary/Abstract: In this paper, the author deals with the right to a fair trial as one of the most important rights in the catalog of human rights. In light of criminal procedure, it may be defined as a supra-principle. In this article, the author explores some of the major elements of this human right (the independence of the court, the right of access to justice, the right to be tried within a reasonable time, the presumption of innocence, public proceedings, the right to defense of the accused person), which have not been fully accomplished in the Serbian legal system and judicial practice. First, the author addresses the issue pertaining to the general election of judges, which is observed from the perspective of the standard of independent judiciary. Then, the author analyses the key standards that constitute the right to a fair trial, primarily from the aspect of criminal proceedings. Further on, the author presents appropriate legal solutions developed in light of the ongoing reform and discusses certain deficiencies in the process of its implementation. Eventually, the author gives specific suggestions for improving both the normative framework and the practical solutions which are the presumptions for meeting the important European standards in this area. The main conclusion is that the requirements concerning the right to a fair trial have been more or less satisfied in some segments but that there is still a lot more to be done especially in the field of applying the existing regulations.

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