Odbrana siromašnih u krivičnom postupku
Ukić, Nihad Ć.
Faculty:Универзитет у Нишу, Правни факултет
Knežević, Saša S.
Đurđić, Vojislav D.
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his work is a research of defending the poor in criminal procedure. Applying the historical-judicial, the comparative-judicial, the positive-judicial, and statistic method, as well as, method of content analysis, the complete investigation of defending the poor in criminal procedure was conducted, from its initial stage, historical development, alteration, international and domestic perception and defining. The research was done on the position of convict in court in judicial practice, contribution, importance and practice of the giver of free of charge legitimate help on realization of the right of defending the poor; the way on which it was defined, that it can have complete meaning and value in criminal procedure, on the ground of protecting the right of the poor on the legal judicial procedure and the complete access to the justice. The result of this research tells us that on the national level there has never been a political will that the right on defending the poor in criminal
procedure should be given the importance which this defending should have, especially if it is understood as a criteria of social care; the international documents of human rights determine defending of poor as a basic human right, mostly in formation of right on just judgement (adjudication). The implementation demands significant budget expenses on national level, which also considers the change of the politics in planning and spending of the budget fund. The defending of the poor is present in comparative law, with certain differences in the way, the conditions and the act of implementation. Inadequate accommodation of legal act and judicial practice, when it comes to the question of defending the poor, has resulted that the courts of law almost don't have demands for this sort of defending in criminal procedure, the absence of defending of the poor in judicial criminal procedure is the consequence of disengagement of the organs of the act to inform the accused with the right on this kind of defending in criminal procedure. It is impossible to achieve the access to the justice without the right on defending the poor in criminal procedure, so, with the complete right we pose the question of efficiency of judicial protecting the right and the freedom of the citizens of Republic of Serbia, as one of the basic problems of contemporary judgement (court of justice). Elaboration of the theme of doctoral dissertation is concluded with included consideration about defending of the poor in criminal procedure, defining possible change of legislative frame of this kind of defending in criminal procedure. It was given the final view on harmonization of legal environment defending the poor with international documents about human rights and the proposal of criteria de lege ferenda , as well as, adequate guidelines to judicial practice, in order to contribute to legal and just acting, and to provide access to to the justice, alongside with the achievement of guaranty of rights on just adjudication (judgement) for poor accused in criminal procedure.View More
Keywords:Odbrana siromašnog; Defence of the poor; criminal procedure; international standards; legal aid; court practice; krivični postupak; međunarodni standardi; pravna pomoć; sudska praksa