Razuman rok u krivičnom postupku: prijedlog za novi metodološki pristup prikupljanju i izvođenju tužilačkih dokaza
A reasonable time in criminal proceedings: a proposal for a new methodological approach to the collection and presentation of prosecutorial evidence

Author(s): Branko Perić
Subject(s): Criminal Law, Public Law
Published by: Fondacija Centar za javno pravo
Keywords: BiH; judiciary; public law; criminal proceedings; new methodological approach;
Summary/Abstract: In this paper, the author discusses the existing case law in terms of application of the partisan (adversary) procedural model from the perspective of a speedy trial (trial within a reasonable time-frame), focusing on Prosecutor's obtaining evidence during investigation and presentation of evidence at the trial. A particular aspect is related to the structure of indictment, preparation of witnesses and the concept of adducing physical (documentary) evidence. The author advocates a dialogue between the legislator and the judiciary concerning the issues of efficient criminal justice system and seeking solutions in two directions: by rationalization of evidentiary proceedings and by interventions with the procedural legislation to secure speedy trial.

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