Pravo žrtve da zahtijeva kontrolu nepokretanja kaznenog postupka prema čl. 11. Direktive o minimalnim pravima žrtava i usklađenost bosanskohercegovačkog i hrvatskog prava
Victims' Right to Review in the Event of a Decision Not to Prosecute Under Article 11th of the directive 2912/29/EU and Compatibility of Bosnian-Herzegovinian and Croatian Law

Author(s): Ante Novokmet
Subject(s): Law, Constitution, Jurisprudence, Victimology, EU-Legislation
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Victim; Injured person; Subsidiary prosecutor; Directive 2012/29/EU; Review of a decision not to prosecute;
Summary/Abstract: Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime came into force on 25 October 2012. These rules have established minimum rights of victims in the whole territory of the European Union, including proper support, information and protection. The EU’s Member States have until 16 November 2015 to implement the European provisions in their national laws but the obligation is also imminent for countries that are on the road to EU membership. Therefore this paper discusses the right to a review of a decision not to prosecute under article 11th Directive 2012/29/EU, and presents comparative solutions in Germany and Italy. In the paper author analyses the degree of alignment of Bosnian-Herzegovinian and Croatian law with the article 11 of the Directive, and makes final evaluation regarding compatibility of the Bosnian-Herzegovinian and Croatian legal system with the requirements of the Directive 2012/29/EU in the light of victims’ rights in the event of a decision not to prosecute.

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