Акузаторски кривични поступак и начело акузаторности у ЗКП-у Републике Српске
Adversarial Criminal Procedure and Principle of Adversarity in Criminal Proceeding of Republic of Srpska

Author(s): Mladenka Govedarica
Subject(s): Criminal Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: The rule of law, adversarial criminal proceedings;Principle of adversarity;
Summary/Abstract: Adversarial criminal proceedings, from which the principle of adversarity is derived has the advantages of providing democratic character and enabling the fulfillment of the goals of the criminal proceedings. First, the court hears the criminal case objectively and impartially and renders a proper and objective decision. Secondly, the prosecutor prosecutes, counsels the prosecution and performs other actions. Finally, the third accused is the party equal with the prosecutor and thus is protected from him by his individual rights and interests, which enables proper resolution of criminal matters.It follows that the importance of the principles of adversarity guarantees objectivity in the establishing of facts and in the decisions-making process in the court. In addition, the accused and his defense can be without fear that the process will be criticized, and the conviction provides the consent of two governmental bodies (courts and prosecutors) on the question of guilt of the perpetrator of the crime.

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