PRINCIPLE OF OPPORTUNITY OF CRIMINAL PROSECUTION AS AN INSTRUMENT OF EFFICIENCY OF THE STATE RESPONSE TO CRIME (STANDARDS AND PRACTICE IN THE REPUBLIC OF SERBIA)

Authors

  • Stanko Bejatović predsednik Srpskog udruženja za krivičnopravnu teoriju i praksu i predsednik Upravnog odbora Instituta za kriminološka i sociološka istraživanja u Beogradu

DOI:

https://doi.org/10.7251/CEST1322063B

Keywords:

opportunity of criminal prosecution, efficiency of the state reaction, public prosecutor, suspect, defense counsel

Abstract

The subject matter of analysis in the paper are three groups of questions concerning the principle of opportunity of criminal prosecution as one of extremely important instruments for achieving the desired degree of efficiency of the state response to crime in general. The subject matter in the paper is analyzed from the aspect of two groups of questions. These and other issues that make the content of the paper are analyzed from four aspects (theoretical, criminal-political reasons for legalization, normative and practical). In addition, the paper presents many proposals de lege ferenda which, according to the author, should contribute to the desired degree of standardization of this principle in criminal procedure legislation in general, and thus in the criminal procedure legislation of the Republic of Serbia, and its adequate application in public prosecution practice, its application in accordance with the criminal-political reasons for its standardization.

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Published

2022-04-20