Title (srp)

Sporazum o svedočenju okrivljenog kod krivičnog dela organizovanog kriminala


Đukić, Mirjana 1979-


Rakočević, Velimir 1963-
Knežević, Saša S. 1963-
Ilić, Ivan B. 1981-

Description (srp)

Biografija autora: list 262;Bibliografija: listovi 240-261. Datum odbrane: 24.01.2020. Criminal proceedings

Description (eng)

The subject of the research is the agreement on the defendant’s testimony in organized criminal offenses. The research has included both theoretical and normative aspect of organized crime, as well as the theoretical and normative frameworks of the institute of the cooperating defendant. The aim of the research is to determine, by analyzing normative solutions and experiences gained in practice, the importance of the defendant's testimony in detecting and proving criminal offenses of organized crime, as well as to answer whether and to what extent it affects the decrease in the volume of organized criminal activity and whether it contributes to the efficiency of criminal proceedings. Historical, comparative, legal-dogmatic, sociological and method of content analysis have been used in the research. It covers all segments of the agreement, present not only in the legislative framework, but also in the legal practice of foreign countries. At the level of our country, the research includes normative frameworks, within whose limits this institute has remained so far. By comparing legal solutions, taking into consideration previous experiences from foreign jurisprudence, the author concludes that it is entirely justified to compensate the cooperating defendant only by mitigating the sentence. The author also concludes that suspending the institution of mitigation of punishment for certain crimes, as an incorrect solution by our legislator, could put potential cooperating defendants into an unequal position. Bearing in mind that the criminal past is something that is expected from a person belonging to a criminal underground, the author suggests the elimination of the former conviction of the cooperating defendant, which our legislator foresees as one of the reasons for putting an end to the decision by which the agreement was accepted. Although the institute of the cooperating defendant has been criticized for the most part in foreign and domestic legal writing, the author adheres to the arguments that justify it, concluding that, as a sort of "necessary evil", it has served as an effective tool in combating organized crime. By convicting members and leaders of criminal organizations thanks to the defendant's testimony, the extent of activity of criminal organizations has been considerably reduced. The criminal procedure is shortened in relation to the prosecuted persons, due to good evidence. Given that the trial phase is not absent, the author concludes that the procedure is not effective in relation to the defendant.

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