Project Proposal

ADJUSTMENT OF YUGOSLAV CRIMINAL PROCEDURE LAW TO MODERN INTERNATIONAL LEGAL STANDARDS

Author and coordinator:: Prof. dr Momčilo Grubač

INTRODUCTION

Present Yugoslav law of criminal procedure was adopted in former Yugoslavia many years ago and it served the needs of a completely different governance system. Today, it is mostly obsolete and has been superseded by dramatic events taking place in Yugoslavia and the rest of the world over the past decade. New ideas about a status of man in society and protection of civil rights, which are materialized, above all, in criminal proceedings, have not yet reached the Yugoslav law. Such provisions, however, were incorporated in the new Yugoslav Constitution (adopted in 1992) not by the will of the ruling regime but under international pressure. Currently, the regime is not contemplating any modifications. Instead, it is persistently trying to preserve a status quo or, in other words, an ideological connection with the former system. Over the past several decades, nothing relevant in the Yugoslav criminal (substantive and procedural) law has been changed. This law, however, has come into open conflict with demands of new times, social and political changes which occurred despite all this. For these reasons, we hold that it is justifiable to undertake a work on this project which will – once political conditions are met – facilitate adoption of a new Yugoslav law of criminal procedure, adjusted to international legal standards.

PROJECT OBJECTIVE

The immediate objective of this project is a critical survey of Yugoslav law of criminal procedure and its conformity/nonconformity with generally adopted, international procedural-law standards and especially with those arising from international legal documents on human rights protection.

The final objective of this project is to propose solutions for basic and most important procedural-law institutions that can be used for adoption of a new Yugoslav Code of Criminal Procedure.

PROJECT DESCRIPTION

Project will be carried out in three phases:

First phase: comparative research of those institutions of the Yugoslav law of criminal procedure which are not in conformity with international legal standards;

Second phase: formulation of solutions for a future Yugoslav Code of Criminal Procedure;

Third phase: presentation of project results:

to experts by organizing a round table, with participation of domestic and foreign experts in criminal procedure law
to local general public through media and by publishing a special LEX edition.

PROJECT REALIZATION TIME FRAMEWORK

Project will be implemented within a period of 12 months: 5 months for the first phase and 5 months for the second phase of the project. The third phase of the project will be implemented simultaneously to and complementarily with the first two, and will be completed within 2 months upon completion of the second phase at the latest.

EXPECTED RESULTS

Project is expected to produce following results:

Elaboration of a criminal procedure model law in accordance with modern European and international standards. This model law will be offered to democratic political parties, civil society groups and to general public as a possible part of an overall legal reform in the pre-transition and transition context.
Facilitation and acceleration of work on adoption of a new, modern Yugoslav Code of Criminal Procedure in conformity with European legal standards, when political conditions for its adoption are created.
Recognition and strengthening of the role of civil society in a legal reform advocacy process and in drafting model laws in accordance with modern European and universal standards.
Contribution to introduction of a new model of independent experts action through organized forms of civil society, as a factor of public control in the legislative process.
Contribution to introduction and recognition of a public character and transparency of legislative process and of the role of civil society in this process.

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