Trg Republike Hrvatske 14
Zagreb, Croatia
In the Croatian misdemeanour system, more than 130,000 offenders per year are prosecuted for various offences. This large number of cases is not accompanied by an adequate scientific interest. A greater interest was raised after the Maresti v. Croatia judgment of the European Court of Human Rights, when it was found that there was a violation of the principle of non bis in idem by conducting misdemeanour and criminal proceedings for the same offence. Given the opinion of the ECtHR that the particular misdemeanour proceedings also included a “criminal charge”, the question arises whether and to what extent procedural guarantees of criminal procedure apply in misdemeanour proceedings. This is of particularly importance after the adoption of a series of EU directives on the procedural rights of the suspects and defendants and the rights of other persons in criminal proceedings. The main objective of the project is to determine whether and to what extent the Croatian misdemeanour procedure is in line with the standards of the ECtHR and EU directives. Additionally, a number of other procedural concepts will be explored in the project as well as a procedure for the protection of competition in which the Misdemeanour Act is applied. The project will also explore a range of current issues of the general and special parts, with the aim of deepening knowledge about this area of law. All these issues will be explored not only by a legal analysis of the norms, but also by gathering information from practitioners and by analysing judicial and administrative practice. An important result of this project will be legislative recommendations and recommendations to practitioners, which will be presented to the scientific and professional public. The applicability of the results of this project is its highest value, namely the building of a better legislative framework in line with European standards, and their adoption in judicial and administrative practice.
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