Full text of the paper:
Proceedings of the Faculty of Law, Novi Sad
2024, vol. LVIII, no. 4, p. 821-846
working language: Serbian
Review paper
343.1(497.11) 343.137.2
doi:10.5937/zrpfns58-55768
Author:
Snežana Brkić
University of Novi Sad
Faculty of Law in Novi Sad
s.brkic@pf.uns.ac.rs
ORCID ID: 0000-0003-4569-4635
Summary:
The subject of our research is the principle of immediacy in summary criminal proceedings according to the CPC of Serbia from 2011. In this article, the results of the first part of the research were published, in which the analysis of the structural and modality segment of the principle of immediacy was performed. The structural segment is postulated in Art. 419, para. 1 of the CPC and it implies that the court can base its verdict only on the evidence presented at the main trial. That rule applies without exception, both in the general criminal procedure form and in the summary procedure.
The modality segment of immediacy contains the imperative for the immediate presentation of evidence at the main trial. In the abbreviated procedure, the provisions of the general criminal procedure are applied accordingly, both in terms of the basic rule and in terms of admissible exceptions to this segment. This implies certain adjustments, so that the decision on the indirect way of presenting evidence is not made by the trial panel, but by a single judge. In addition, the provision of Art. 404 of the CPC, which foresees the possibility of presenting evidence outside the main trial, represents a deviation from the modality segment of immediacy in the general procedure, but not in the summary procedure, precisely because these actions are undertaken by a single judge.
The biggest deviation from the rule on direct presentation of evidence is found in the provision of Art. 406 of the CPC. Due to the equalization of non-judicial and judicial evidence, it contributes to an even more radical distortion of the modality aspect of the immediacy principle. Through a systematic interpretation of the provisions of the CPC, we come to the conclusion that a similar danger of spillover of evidentiary material from the pre-investigation procedure into the main procedure also exists in the abbreviated procedure, regardless of the absence of the investigation phase.
Keywords:
the principle of immediacy, abbreviated procedure, direct presentation of evidence, familiarization with the content of the record of statements.