Full text of the paper:
Collected Papers of the Faculty of Law, University of Novi Sad
2017, vol. 51, No. 3 – 1, pp. 853–867
Language of the paper: English
Original scientific paper
udk: 351.941:342.7(497.11)
doi: 10.5937/zrpfns51-14052
Authors:
Anita Nagy, Ph.D., Associate Professor
University of Miskolc
Faculty of Law
jognani@uni-miskolc.hu
László L. Dornfeld, Ph.D. Student
University of Miskolc
Faculty of Law
dlaci120@gmail.com
Abstract:
The principal of mutual recognition in criminal cases is present in EU criminal law since the Framework Decision on the European Evidence Warrant was accepted in 2008. Although the instrument failed to achieve its purpose, the goal of harmonizing cross-border criminal investigations still remains. For the European Investigation Order to succeed a minimum rules in guarantees of fair trials are needed. The European Union recognized this need and the Stockholm Programme was launched in 2009 aiming to realize that. Directives regarding certain suspect rights were accepted since then, including a directive on the right to information and the presumption of innocence. The minimum rules regarding these suspect rights can have a serious impact on national criminal justice systems and their implementation will result in a more harmonised criminal law. These documents were drafted in accordance with the ECHR and the relevant case law of the ECtHR which promises a more enhanced integration of the two major European systems of legislation.
Keywords:
fair trial measures, Stockholm Programme, the right to information, the presumption of innocence.