NEDOPUSTIVO PROCESNO STANJE KOJE SU ZKP I PRAKSA OBLIKOVALI U OBLASTI DOKAZNE RADNJE VEŠTAČENJA
UNACCEPTABLE PROCEDURAL CONDITION IN FIELD OF EXPERT EXAMINATION AS EVIDENTIARY ACTION SHAPED BY CPC AND COURT PRACTICE

Summary/Abstract: The structure of paper deviates from the usual. The questions brought up in paper are elaborated in form of “one by one certain article analysis” relating expert examination matter in Criminal Procedure Code (of the Republic of Serbia). In particular, the author points out that the provisions of the CPC regulating the expert examination have become completely unnecessary because of two reasons. The first one is that the provisions themselves are mutually dramatically uncoordinated almost to the extent that one excludes the other. The first reason has the important incentive in ignorance of the meaning of the terms that the CPC uses. In other words, a lawmaker considers synonyms the terms that are certainly not and thus unconsciously points to a far deeper problem. The second reason is that the provisions that have proved to be valid in the nomotechnical sense are profiled as meaningless because they can be violated without any procedural sanction. This refers primarily to the “false” existence of a set of defense rights for which there are no means of enforcing the organ of authority to respect them or at least sanctioning the organ for such disrespect. In this paper, a review is made of certain solutions from the Criminal Procedure Codes of the Federal Republic of Germany and Republic of Austria, as well as the leading positions in german and austrian criminal procedural law literature.

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