UDC 341.44(4-672EU)
Biblid: 1451-3188, 15 (2016)
Vol. 16, No 55, pp. 21-50
DOI:

Оriginal article
Received: 01 Jan 1970
Accepted: 01 Jan 1970

USAGLAŠAVANjE PROCESNIH PRAVA OSUMNjIČENIH I OPTUŽENIH LICA U KRIVIČNOM POSTUPKU SA EVROPSKIM STANDARDIMA

Radić Žarko (Правни факултет у Крагујевцу), zarkoradic@yahoo.com

The exercise of the rights to freedom of movement and residence in the European Union has led to an increase in the number of people becoming involved in criminal proceedings in a Member State other than that of their residence. In those situations, the procedural rights of suspected and accused persons become particularly important in order to safeguard the right to a fair trial. In the article, the author applies the dogmatic and the normative method to analyze the measures of the European Union for strengthening procedural rights of suspected or accused persons in criminal proceedings, i.e. provisions of three directives of the European Parliament and the Council of European Union (2010/64/EU; 2012/13/EU; 2013/48/EU), as well as two recommendations of the European Commission (2013/C 378/02; 2013/C 378/03). These directives and recommendations are derived from the „Roadmap for Strengthening Procedural Rights of Suspected or Accused Persons in Criminal Proceedings”, which is an integral part of the Council Resolution of November 30, 2009 (2009/C 295/01), but their scope of application explicitly expands to the procedure provided by the Council Framework Decision of 13 June 2002 on the European Arrest Warrant and the Surrender Procedures between Member States (2002/584/JHA, 2009/299/JHA). At the end of the article, the author discusses the importance of the studied measures for the Republic of Serbia and its road to membership in the European Union. He concludes that incorporation of the procedural rights, which are subject to these measures, in the legislation of the Republic of Serbia would imply that these rights are guaranteed not only by the provisions of the Special Law on Judicial Cooperation in Criminal Matters with the Member States of the European Union, but also by the provisions of the Criminal Procedure Code, as well as by the provisions of the Misdemeanour Law.

Keywords: extradition, surrender of the requested person, European arrest warrant, criminal proceedings, and procedural rights of suspected or accused persons, European Union