Unacceptable procedural condition in field of expert examination as evidentiary action shaped by CPC and court practice
The structure of paper deviates from the usual. The questions brought up in paper are elaborated in form of "one by one certain article analysis" relating expert examination matter in Criminal Procedure Code (of the Republic of Serbia). In particular, the author points out that the provisi...
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| Format: | Article |
| Language: | English |
| Published: |
University of Belgrade - Faculty of Law, Belgrade & Institute of Comparative Law, Belgrade
2019-01-01
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| Series: | Crimen (Beograd) |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/2217-219X/2019/2217-219X1901037V.pdf |
| _version_ | 1819064491415961600 |
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| author | Vuković Nikola |
| author_facet | Vuković Nikola |
| author_sort | Vuković Nikola |
| collection | DOAJ |
| description | The structure of paper deviates from the usual. The questions brought up in paper are elaborated in form of "one by one certain article analysis" relating expert examination matter in Criminal Procedure Code (of the Republic of Serbia). In particular, the author points out that the provisions of the CPC regulating the expert examination have become completely unnecessary because of two reasons. The first one is that the provisions themselves are mutually dramatically uncoordinated almost to the extent that one excludes the other. The first reason has the important incentive in ignorance of the meaning of the terms that the CPC uses. In other words, a lawmaker considers synonyms the terms that are certainly not and thus unconsciously points to a far deeper problem. The second reason is that the provisions that have proved to be valid in the nomotechnical sense are profiled as meaningless because they can be violated without any procedural sanction. This refers primarily to the "false" existence of a set of defense rights for which there are no means of enforcing the organ of authority to respect them or at least sanctioning the organ for such disrespect. In this paper, a review is made of certain solutions from the Criminal Procedure Codes of the Federal Republic of Germany and Republic of Austria, as well as the leading positions in German and Austrian criminal procedural law literature. |
| first_indexed | 2024-12-21T15:31:25Z |
| format | Article |
| id | doaj.art-6648a071fd35406c87db9e7550976c62 |
| institution | Directory Open Access Journal |
| issn | 2217-219X 2683-5800 |
| language | English |
| last_indexed | 2024-12-21T15:31:25Z |
| publishDate | 2019-01-01 |
| publisher | University of Belgrade - Faculty of Law, Belgrade & Institute of Comparative Law, Belgrade |
| record_format | Article |
| series | Crimen (Beograd) |
| spelling | doaj.art-6648a071fd35406c87db9e7550976c622022-12-21T18:58:46ZengUniversity of Belgrade - Faculty of Law, Belgrade & Institute of Comparative Law, BelgradeCrimen (Beograd)2217-219X2683-58002019-01-0110137682217-219X1901037VUnacceptable procedural condition in field of expert examination as evidentiary action shaped by CPC and court practiceVuković Nikola0Osnovno javno tužilaštvo, Novi SadThe structure of paper deviates from the usual. The questions brought up in paper are elaborated in form of "one by one certain article analysis" relating expert examination matter in Criminal Procedure Code (of the Republic of Serbia). In particular, the author points out that the provisions of the CPC regulating the expert examination have become completely unnecessary because of two reasons. The first one is that the provisions themselves are mutually dramatically uncoordinated almost to the extent that one excludes the other. The first reason has the important incentive in ignorance of the meaning of the terms that the CPC uses. In other words, a lawmaker considers synonyms the terms that are certainly not and thus unconsciously points to a far deeper problem. The second reason is that the provisions that have proved to be valid in the nomotechnical sense are profiled as meaningless because they can be violated without any procedural sanction. This refers primarily to the "false" existence of a set of defense rights for which there are no means of enforcing the organ of authority to respect them or at least sanctioning the organ for such disrespect. In this paper, a review is made of certain solutions from the Criminal Procedure Codes of the Federal Republic of Germany and Republic of Austria, as well as the leading positions in German and Austrian criminal procedural law literature.https://scindeks-clanci.ceon.rs/data/pdf/2217-219X/2019/2217-219X1901037V.pdfexpert examinationrefusal of expert examinationexpert recusaldefense and expert examination"control" - expert examinationduplication of process rolesmultiple change of process roles during one hearing |
| spellingShingle | Vuković Nikola Unacceptable procedural condition in field of expert examination as evidentiary action shaped by CPC and court practice Crimen (Beograd) expert examination refusal of expert examination expert recusal defense and expert examination "control" - expert examination duplication of process roles multiple change of process roles during one hearing |
| title | Unacceptable procedural condition in field of expert examination as evidentiary action shaped by CPC and court practice |
| title_full | Unacceptable procedural condition in field of expert examination as evidentiary action shaped by CPC and court practice |
| title_fullStr | Unacceptable procedural condition in field of expert examination as evidentiary action shaped by CPC and court practice |
| title_full_unstemmed | Unacceptable procedural condition in field of expert examination as evidentiary action shaped by CPC and court practice |
| title_short | Unacceptable procedural condition in field of expert examination as evidentiary action shaped by CPC and court practice |
| title_sort | unacceptable procedural condition in field of expert examination as evidentiary action shaped by cpc and court practice |
| topic | expert examination refusal of expert examination expert recusal defense and expert examination "control" - expert examination duplication of process roles multiple change of process roles during one hearing |
| url | https://scindeks-clanci.ceon.rs/data/pdf/2217-219X/2019/2217-219X1901037V.pdf |
| work_keys_str_mv | AT vukovicnikola unacceptableproceduralconditioninfieldofexpertexaminationasevidentiaryactionshapedbycpcandcourtpractice |