CONDITIONAL DEFERRAL (AND WITHDRAWAL) OF CRIMINAL PROSECUTION FROM NATIONAL AND COMPARATIVE LEGAL PERSPECTIVE
Conditional deferral (and withdrawal) of criminal prosecution is a typical institution of negotiated criminal justice. It is usually applied in relation to less serious criminal offences with the aim to relieve the court system workload and humanise the treatment of the offender. This institution wa...
| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
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Josip Juraj Strossmayer University of Osijek, Faculty of Law
2021-04-01
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| Series: | Pravni Vjesnik |
| Subjects: | |
| Online Access: | https://hrcak.srce.hr/ojs/index.php/pravni-vjesnik/article/view/13819 |
| _version_ | 1818664692317421568 |
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| author | Zoran Burić Marija Pleić Ivana Radić |
| author_facet | Zoran Burić Marija Pleić Ivana Radić |
| author_sort | Zoran Burić |
| collection | DOAJ |
| description | Conditional deferral (and withdrawal) of criminal prosecution is a typical institution of negotiated criminal justice. It is usually applied in relation to less serious criminal offences with the aim to relieve the court system workload and humanise the treatment of the offender. This institution was introduced into the Croatian criminal justice system more than 20 years ago. Despite such a long presence within the system, it has never acquired the status of an important and widely applied institution. Quite the contrary, its application in practice is quite scarce. In order to identify possible reasons for this at the normative level, the authors have undertaken a comparative legal analysis of said institution. Main characteristics of conditional deferral (and withdrawal) of criminal prosecution in Croatia have been compared with the main characteristics of identical or equivalent institutions in five other jurisdictions: Austria, Germany, Italy, England, and France. Special attention has been devoted to five highlighted issues: the goal(s) of the institution, the offences in relation to which it may be applied, the role of the court, the rights of the defendant, and the position of the victim. |
| first_indexed | 2024-12-17T05:36:47Z |
| format | Article |
| id | doaj.art-c138ac4c64254424b73900ebedcbf7ce |
| institution | Directory Open Access Journal |
| issn | 0352-5317 1849-0840 |
| language | English |
| last_indexed | 2024-12-17T05:36:47Z |
| publishDate | 2021-04-01 |
| publisher | Josip Juraj Strossmayer University of Osijek, Faculty of Law |
| record_format | Article |
| series | Pravni Vjesnik |
| spelling | doaj.art-c138ac4c64254424b73900ebedcbf7ce2022-12-21T22:01:35ZengJosip Juraj Strossmayer University of Osijek, Faculty of LawPravni Vjesnik0352-53171849-08402021-04-013718310410.25234/pv/1381911531CONDITIONAL DEFERRAL (AND WITHDRAWAL) OF CRIMINAL PROSECUTION FROM NATIONAL AND COMPARATIVE LEGAL PERSPECTIVEZoran Burić0https://orcid.org/0000-0001-5353-8478Marija Pleić1https://orcid.org/0000-0001-8868-0079Ivana Radić2https://orcid.org/0000-0003-4946-6437Faculty of Law, University of Zagreb, Trg Republike Hrvatske 14, 10000 Zagreb, Republic of CroatiaFaculty of Law, University of Split, Domovinskog rata 8, 21000 Split, Republic of CroatiaFaculty of Law, University of Split, Domovinskog rata 8, 21000 Split, Republic of CroatiaConditional deferral (and withdrawal) of criminal prosecution is a typical institution of negotiated criminal justice. It is usually applied in relation to less serious criminal offences with the aim to relieve the court system workload and humanise the treatment of the offender. This institution was introduced into the Croatian criminal justice system more than 20 years ago. Despite such a long presence within the system, it has never acquired the status of an important and widely applied institution. Quite the contrary, its application in practice is quite scarce. In order to identify possible reasons for this at the normative level, the authors have undertaken a comparative legal analysis of said institution. Main characteristics of conditional deferral (and withdrawal) of criminal prosecution in Croatia have been compared with the main characteristics of identical or equivalent institutions in five other jurisdictions: Austria, Germany, Italy, England, and France. Special attention has been devoted to five highlighted issues: the goal(s) of the institution, the offences in relation to which it may be applied, the role of the court, the rights of the defendant, and the position of the victim.https://hrcak.srce.hr/ojs/index.php/pravni-vjesnik/article/view/13819conditional deferral of criminal prosecutiondiversioninformal sanctions |
| spellingShingle | Zoran Burić Marija Pleić Ivana Radić CONDITIONAL DEFERRAL (AND WITHDRAWAL) OF CRIMINAL PROSECUTION FROM NATIONAL AND COMPARATIVE LEGAL PERSPECTIVE Pravni Vjesnik conditional deferral of criminal prosecution diversion informal sanctions |
| title | CONDITIONAL DEFERRAL (AND WITHDRAWAL) OF CRIMINAL PROSECUTION FROM NATIONAL AND COMPARATIVE LEGAL PERSPECTIVE |
| title_full | CONDITIONAL DEFERRAL (AND WITHDRAWAL) OF CRIMINAL PROSECUTION FROM NATIONAL AND COMPARATIVE LEGAL PERSPECTIVE |
| title_fullStr | CONDITIONAL DEFERRAL (AND WITHDRAWAL) OF CRIMINAL PROSECUTION FROM NATIONAL AND COMPARATIVE LEGAL PERSPECTIVE |
| title_full_unstemmed | CONDITIONAL DEFERRAL (AND WITHDRAWAL) OF CRIMINAL PROSECUTION FROM NATIONAL AND COMPARATIVE LEGAL PERSPECTIVE |
| title_short | CONDITIONAL DEFERRAL (AND WITHDRAWAL) OF CRIMINAL PROSECUTION FROM NATIONAL AND COMPARATIVE LEGAL PERSPECTIVE |
| title_sort | conditional deferral and withdrawal of criminal prosecution from national and comparative legal perspective |
| topic | conditional deferral of criminal prosecution diversion informal sanctions |
| url | https://hrcak.srce.hr/ojs/index.php/pravni-vjesnik/article/view/13819 |
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