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

2020, vol. LIV, No. 2, pp. 545–560

language of the paper: Serbian

Original scientific paper

udk: 343.121

doi: 10.5937/zrpfns54-24879

Author:

 

Snežana Brkić, Ph.D., Full Professor

University of Novi Sad

Faculty of Law Novi Sad

s.brkic@pf.uns.ac.rs

Abstract:

The paper highlights some of the deterioration of the defendant, s position in the 2011 Code of criminal procedure of Serbia. On the other hand, it points to some relatively new institutions that go behind the traditional role of the defendant, which is reflected in the opposition to the charges. These are three types of defendant, s agreement with the public prosecution. The first form is a diversionary model, which is applied in the pre-trial procedure. The second is the plea agreement. Both forms were introduced before the confluence to relieve criminal justice, but the defendant himself benefits. The third form is the conclusion of an agreement between the defendant and the sentenced person on testimony in other to successfully detect, prove or prevent the criminal acts referred to in article 162, paragraph 1, item 1 of the Code of criminal procedure.

Keywords:

defendant, diversionary model, plea agreement, defendant’s testimony agreement.