The restrictions of the right to inspect the case file in Bosnia and Herzegovina in light of the jurisprudence of the European Court of Human Rights
This paper aims to assess the compliance of the provisions of the criminal procedural legislation of Bosnia and Herzegovina dealing with the restrictions of the right to inspect the case file with the standards developed in the jurisprudence of the European Court of Human Rights. The working hypothe...
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| Format: | Article |
| Language: | English |
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Institute of Comparative Law, Belgrade
2021-01-01
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| Series: | Strani pravni život |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2021/0039-21382103463A.pdf |
| _version_ | 1818344440215896064 |
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| author | Avdić Faruk H. |
| author_facet | Avdić Faruk H. |
| author_sort | Avdić Faruk H. |
| collection | DOAJ |
| description | This paper aims to assess the compliance of the provisions of the criminal procedural legislation of Bosnia and Herzegovina dealing with the restrictions of the right to inspect the case file with the standards developed in the jurisprudence of the European Court of Human Rights. The working hypothesis laid out in this paper is that the right of the prosecutor to unilaterally restrict the defense right to access the case file during the investigation and to unilaterally decide which evidence he will use as the basis for the indictment does not satisfy the requirements stemming from the right to a fair trial. The starting point of this paper is the analysis of the case law of the European Court of Human Rights. Afterward, the paper turns to the consideration of the provisions of the criminal procedural legislation of Bosnia and Herzegovina dealing with the restrictions of the right to inspect the case file. In that purpose, this paper employs normative and formal dogmatic legal methods in analyzing the particulars of its subject. The conclusion of the paper is that the law of Bosnia and Herzegovina when it comes to the restrictions of the right to inspect the case file is not in line with the standards of the European Court of Human Rights. For this reason, there is a need for the amending of the Criminal Procedure Codes in force in Bosnia and Herzegovina with the aim of making these Codes compliant with the jurisprudence of the European Court of Human Rights in that respect. |
| first_indexed | 2024-12-13T16:46:30Z |
| format | Article |
| id | doaj.art-9453a30bbce14ee6829240cdc89b5c73 |
| institution | Directory Open Access Journal |
| issn | 0039-2138 2620-1127 |
| language | English |
| last_indexed | 2024-12-13T16:46:30Z |
| publishDate | 2021-01-01 |
| publisher | Institute of Comparative Law, Belgrade |
| record_format | Article |
| series | Strani pravni život |
| spelling | doaj.art-9453a30bbce14ee6829240cdc89b5c732022-12-21T23:38:09ZengInstitute of Comparative Law, BelgradeStrani pravni život0039-21382620-11272021-01-012021346347910.5937/spz65-337870039-21382103463AThe restrictions of the right to inspect the case file in Bosnia and Herzegovina in light of the jurisprudence of the European Court of Human RightsAvdić Faruk H.0https://orcid.org/0000-0001-7567-5588Tuzla, Bosna i HercegovinaThis paper aims to assess the compliance of the provisions of the criminal procedural legislation of Bosnia and Herzegovina dealing with the restrictions of the right to inspect the case file with the standards developed in the jurisprudence of the European Court of Human Rights. The working hypothesis laid out in this paper is that the right of the prosecutor to unilaterally restrict the defense right to access the case file during the investigation and to unilaterally decide which evidence he will use as the basis for the indictment does not satisfy the requirements stemming from the right to a fair trial. The starting point of this paper is the analysis of the case law of the European Court of Human Rights. Afterward, the paper turns to the consideration of the provisions of the criminal procedural legislation of Bosnia and Herzegovina dealing with the restrictions of the right to inspect the case file. In that purpose, this paper employs normative and formal dogmatic legal methods in analyzing the particulars of its subject. The conclusion of the paper is that the law of Bosnia and Herzegovina when it comes to the restrictions of the right to inspect the case file is not in line with the standards of the European Court of Human Rights. For this reason, there is a need for the amending of the Criminal Procedure Codes in force in Bosnia and Herzegovina with the aim of making these Codes compliant with the jurisprudence of the European Court of Human Rights in that respect.https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2021/0039-21382103463A.pdfcriminal proceedingsright to inspect the case fileconvention for the protection of human rights and fundamental freedomseuropean court of human rightsprinciple of equal weapons |
| spellingShingle | Avdić Faruk H. The restrictions of the right to inspect the case file in Bosnia and Herzegovina in light of the jurisprudence of the European Court of Human Rights Strani pravni život criminal proceedings right to inspect the case file convention for the protection of human rights and fundamental freedoms european court of human rights principle of equal weapons |
| title | The restrictions of the right to inspect the case file in Bosnia and Herzegovina in light of the jurisprudence of the European Court of Human Rights |
| title_full | The restrictions of the right to inspect the case file in Bosnia and Herzegovina in light of the jurisprudence of the European Court of Human Rights |
| title_fullStr | The restrictions of the right to inspect the case file in Bosnia and Herzegovina in light of the jurisprudence of the European Court of Human Rights |
| title_full_unstemmed | The restrictions of the right to inspect the case file in Bosnia and Herzegovina in light of the jurisprudence of the European Court of Human Rights |
| title_short | The restrictions of the right to inspect the case file in Bosnia and Herzegovina in light of the jurisprudence of the European Court of Human Rights |
| title_sort | restrictions of the right to inspect the case file in bosnia and herzegovina in light of the jurisprudence of the european court of human rights |
| topic | criminal proceedings right to inspect the case file convention for the protection of human rights and fundamental freedoms european court of human rights principle of equal weapons |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2021/0039-21382103463A.pdf |
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