Ill-treatment, torture or extortion of confession from suspects in the legislation of the Republic of Serbia

Živanović, Katarina

doi:10.5937/bezbednost2001157z

Bezbednost, Beograd

2020

DOI: 10.5937/bezbednost2001157z

|View full text |Cite

Ill-treatment, torture or extortion of confession from suspects in the legislation of the Republic of Serbia

Katarina Živanović¹

Help me understand this report

Search citation statements

Order By: Relevance

Paper Sections

Select...

Citation Types

Supporting

Mentioning

Contrasting

Year Published

2022

2024

Publication Types

Select...

Article2

Relationship

Self Cite0

Independent2

Authors

Journals

Cited by 2 publications

References 3 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

Importance of defence counsel's presence in the interrogation of a suspect in a criminal procedure

Milivojević¹

2022

Bezbednost, Beograd

View full text Add to dashboard Cite

Particularly sensitive position of the suspect on the one hand, and the main task of criminal procedure embodied in comprehensive clarification and resolution of criminal matters on the other hand, motivated the legislator to provide special rules for questioning the suspect closely related to his special rights in criminal proceedings, of which the most important is the right to access counsel. In the following article, the author will first refer to the European standards of protection of the right to access defence counsel during the hearing of adult suspects, paying special attention to the European Court of Human Right case law and Directive 2013/48/EU, considering that Serbia has signed European Convention for the Protection of Human Rights and Fundamental Freedoms and aspires to become a member state of the European Union. In the end, the author will review relevant provisions of national legislation primarily contained in the Criminal Procedure Code, point out possible shortcomings and propose changes to ensure more efficient exercise of the right of access defence counsel to suspects.

show abstract

Importance of defence counsel's presence in the interrogation of a suspect in a criminal procedure

Milivojević¹

2022

Bezbednost, Beograd

View full text Add to dashboard Cite

show abstract

Illegal evidence in criminal proceedings: Collecting of evidence by authorized officials of internal affairs bodies

Živanović

2024

Nauka bezbednost policija

View full text Add to dashboard Cite

The subject of the research is a theoretical, normative and practical analysis of illegal evidence in Serbian law and judicial practice, with a special emphasis on the manner of behaviour of authorized officials of internal affairs bodies, which during the conducting of evidentiary actions can cause the illegality of the obtained evidence. The goal of the research is reflected in the scientific and practical contribution to the scientific and social community, since in addition to the presentation and analysis of prominent scientific and theoretical concepts represented in domestic and foreign literature, the paper contains a detailed presentation of the results of the analysis of domestic courts decisions, but also the decisions of the European Court of Human Rights (ECtHR) in terms of violation of the right to a fair trial (Art. 6 of European Convention on Human Rights). The analysis of the aforementioned court decisions is extremely important, bearing in mind that the institute of illegal evidence de facto represents court standards. Namely, through the analysis of ECtHR decisions, it was established that the court assesses the legality of evidence in light of the violation of the right to a fair trial, in terms of the method of obtaining evidence, causes the unfairness of the procedure (as a whole). By analysing the domestic court practise, it was established in which cases the police collected evidence in an illegal manner, that is, in which cases the evidence was collected in a legal manner.

show abstract

scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.

Contact Info

customersupport@researchsolutions.com

10624 S. Eastern Ave., Ste. A-614

Henderson, NV 89052, USA

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Blog Terms and Conditions API Terms Privacy Policy Contact Cookie Preferences Do Not Sell or Share My Personal Information

Made with 💙 for researchers

Part of the Research Solutions Family.

Ill-treatment, torture or extortion of confession from suspects in the legislation of the Republic of Serbia

Cited by 2 publications

References 3 publications

Importance of defence counsel's presence in the interrogation of a suspect in a criminal procedure

Importance of defence counsel's presence in the interrogation of a suspect in a criminal procedure

Illegal evidence in criminal proceedings: Collecting of evidence by authorized officials of internal affairs bodies

Contact Info

Product

Resources

About