A PROPERTY CLAIM IN A SUMMARY PENALTY ORDER

Abstract

At the beginning of the 21st century, criminal procedure legislation
in BiH was radically changed. One of the most important novelties is a penalty
order proceeding accepted under various foreign influences. Although this is
a new special criminal procedure, it has been well accepted and extensively
applied. In approximately half of the indictments, the public prosecutor puts
forward a motion for a penalty order. However, it has caused many dilemmas,
both in theory and in practice. One of them is the possibility of accepting a
property claim in a penalty order. The paper analyzes the views of our theory
and practice in order to provide an answer to the question of whether they
have a basis in the applicable legal provisions. In addition, it also points to the
shortcomings in the provisions regulating the procedure for issuing a penalty
order that clearly indicate the need for their amendments in order to better
standardize a property claim in this proceeding.