A PROPERTY CLAIM IN A SUMMARY PENALTY ORDER
At the beginning of the 21st century, criminal procedure legislation in BiH was radically changed. One of the most important novelties is a penalty order proceeding accepted under various foreign influences. Although this is a new special criminal procedure, it has been well accepted and extensivel...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
University of Banja Luka, Faculty of Law
2024-03-01
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| Series: | Годишњак Правног факултета у Бањалуци |
| Online Access: | https://godisnjak.pf.unibl.org/index.php/godisnjak/article/view/267 |
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| Summary: | At the beginning of the 21st century, criminal procedure legislation
in BiH was radically changed. One of the most important novelties is a penalty
order proceeding accepted under various foreign influences. Although this is
a new special criminal procedure, it has been well accepted and extensively
applied. In approximately half of the indictments, the public prosecutor puts
forward a motion for a penalty order. However, it has caused many dilemmas,
both in theory and in practice. One of them is the possibility of accepting a
property claim in a penalty order. The paper analyzes the views of our theory
and practice in order to provide an answer to the question of whether they
have a basis in the applicable legal provisions. In addition, it also points to the
shortcomings in the provisions regulating the procedure for issuing a penalty
order that clearly indicate the need for their amendments in order to better
standardize a property claim in this proceeding.
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| ISSN: | 0350-9052 2233-0429 |