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Collected Papers of the Faculty of Law, University of Novi Sad

2019, vol. LIII, No. 4, pp. 1303–1318

Language of the paper: Serbian

Original scientific paper

udk: 343.1:338.5

doi: 10.5937/zrpfns53-24291

Author:

 

Stefan Petrašinović, Teaching Assistant

University of Kragujevac

Faculty of Law Kragujevac

spetrasinovic@jura.kg.ac.rs

Abstract:

One of the unavoidable questions is the ultimate outcome of criminal proceedings, who will bear the costs of criminal proceedings. When the outcome is favorable to the defendant at any stage of the criminal proceedings, the costs of the criminal proceedings to be awarded are a kind of moral and material satisfaction for the prosecutor’s unsuccessful attempt to prove the merits of the allegations in the indictment or the criminal complaint. In this paper the author will point out some dilemmas that arise in the application of the Code of Criminal Procedure, concerning the right of the defendant to reimbursement of the costs of criminal proceedings in the event of rejection of the criminal complaint, solving the fate of the defendant’s claim for reimbursement after one year from the day the validity of the judgment or decision appropriate to the judgment in certain situations, as well as the deadlines for payment of those costs.

Keywords:

costs, criminal procedure, Criminal Procedure Code.