Law on Protection of the Right to Trial within Reasonable Time: Environment for Criminal Sanction That Serves Its Purpose and Cost-Saving

Kolaković-Bojović, Milica (2016) Law on Protection of the Right to Trial within Reasonable Time: Environment for Criminal Sanction That Serves Its Purpose and Cost-Saving. In: Međunarodni naučni skup Krivične i prekršajne sankcije i mere: izricanje, izvršenje i uslovni otpust,Palić, 02-03 jun 2016. Institut za kriminološka i sociološka istraživanja, Beograd, pp. 203-213. ISBN 978-86-83287-90-1

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Abstract

Timely completion of criminal proceedingsinter alia has an important role in reaching the minimum distance in time from the commission of the crime to the imposition of criminal sanctions. Its importance is reflected at the level of reduction of the negative effects or deprivations that the defendant is exposed to in the course of criminal proceedings that caused the proceeding itself has the character of the criminal sanction, as well as in achieving the ideal balance between severity and all circumstances of the offense and the characteristics of the offender, on the one hand, and the type and extent of criminal sanction which it is imposed. Increased time distance necessarily affect the strength of the restorative effects of criminal sanctions and reducing it to mere retribution. The obligation of each state is to undertake a comprehensive and timely measures in the reform of procedural legislation as well as in organization of judiciary, in order to create the preconditions for the realization of the right to trial within a reasonable time. In this sense realization assumes both: prevention of violation of this right as well as corrective mechanisms in the event that a breach does occur. The Republic of Serbia has in recent years made significant steps by introducing a new system of protection of the right to trial within a reasonable time based on the address to courts of general jurisdiction. The most important step on this road, was the adoption of the Law on the protection of the right to trial within a reasonable time to be applied as from the first of January 2016. Despite some controversial provisions, this law represents a major step forward, but there is no doubt that only its implementation will demonstrate real achievements.

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