The concept of fundamental principles of criminal procedure in the upcoming recodification of criminal procedural law
Abstract
The paper examines the concept of the basic principles of criminal proceedings in connection with the ongoing recodification of criminal procedural law (Criminal Procedure Code). The author gives an explanation of the basic principles of criminal proceedings, the legal-philosophical context and role in the new Criminal Procedure Code.
It concludes that it is desirable to these basic principles are (keep) in the new Code of Criminal Procedure, in the introductory provisions of the Criminal Code, because only that can be filled with their function, particularly cognitive function, interpretation and application. Criticism is subject to the proposed regulation is to implement formal burden of proof prosecutor.
The author expresses its conviction that the legislature should take the path of strengthening the adversarial criminal proceedings, as one of the attributes of the right to a fair trial.