The restrictions of the right to inspect the case file in Bosnia and Herzegovina in light of the jurisprudence of the European Court of Human Rights

This paper aims to assess the compliance of the provisions of the criminal procedural legislation of Bosnia and Herzegovina dealing with the restrictions of the right to inspect the case file with the standards developed in the jurisprudence of the European Court of Human Rights. The working hypothe...

Descripción completa

Guardado en:

Detalles Bibliográficos
Autor principal:	Avdić Faruk H.
Formato:	article
Lenguaje:	EN HR SR
Publicado:	Institute of Comparative Law, Belgrade 2021
Materias:	criminal proceedings right to inspect the case file convention for the protection of human rights and fundamental freedoms european court of human rights principle of equal weapons Law of Europe KJ-KKZ Comparative law. International uniform law K520-5582
Acceso en línea:	https://doaj.org/article/9453a30bbce14ee6829240cdc89b5c73
Etiquetas:	Agregar Etiqueta Sin Etiquetas, Sea el primero en etiquetar este registro!

id	oai:doaj.org-article:9453a30bbce14ee6829240cdc89b5c73
record_format	dspace
spelling	oai:doaj.org-article:9453a30bbce14ee6829240cdc89b5c732021-12-05T21:34:01ZThe restrictions of the right to inspect the case file in Bosnia and Herzegovina in light of the jurisprudence of the European Court of Human Rights0039-21382620-112710.5937/spz65-33787https://doaj.org/article/9453a30bbce14ee6829240cdc89b5c732021-01-01T00:00:00Zhttps://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2021/0039-21382103463A.pdfhttps://doaj.org/toc/0039-2138https://doaj.org/toc/2620-1127This paper aims to assess the compliance of the provisions of the criminal procedural legislation of Bosnia and Herzegovina dealing with the restrictions of the right to inspect the case file with the standards developed in the jurisprudence of the European Court of Human Rights. The working hypothesis laid out in this paper is that the right of the prosecutor to unilaterally restrict the defense right to access the case file during the investigation and to unilaterally decide which evidence he will use as the basis for the indictment does not satisfy the requirements stemming from the right to a fair trial. The starting point of this paper is the analysis of the case law of the European Court of Human Rights. Afterward, the paper turns to the consideration of the provisions of the criminal procedural legislation of Bosnia and Herzegovina dealing with the restrictions of the right to inspect the case file. In that purpose, this paper employs normative and formal dogmatic legal methods in analyzing the particulars of its subject. The conclusion of the paper is that the law of Bosnia and Herzegovina when it comes to the restrictions of the right to inspect the case file is not in line with the standards of the European Court of Human Rights. For this reason, there is a need for the amending of the Criminal Procedure Codes in force in Bosnia and Herzegovina with the aim of making these Codes compliant with the jurisprudence of the European Court of Human Rights in that respect.Avdić Faruk H.Institute of Comparative Law, Belgradearticlecriminal proceedingsright to inspect the case fileconvention for the protection of human rights and fundamental freedomseuropean court of human rightsprinciple of equal weaponsLaw of EuropeKJ-KKZComparative law. International uniform lawK520-5582ENHRSRStrani pravni život, Vol 2021, Iss 3, Pp 463-479 (2021)
institution	DOAJ
collection	DOAJ
language	EN HR SR
topic	criminal proceedings right to inspect the case file convention for the protection of human rights and fundamental freedoms european court of human rights principle of equal weapons Law of Europe KJ-KKZ Comparative law. International uniform law K520-5582
spellingShingle	criminal proceedings right to inspect the case file convention for the protection of human rights and fundamental freedoms european court of human rights principle of equal weapons Law of Europe KJ-KKZ Comparative law. International uniform law K520-5582 Avdić Faruk H. The restrictions of the right to inspect the case file in Bosnia and Herzegovina in light of the jurisprudence of the European Court of Human Rights
description	This paper aims to assess the compliance of the provisions of the criminal procedural legislation of Bosnia and Herzegovina dealing with the restrictions of the right to inspect the case file with the standards developed in the jurisprudence of the European Court of Human Rights. The working hypothesis laid out in this paper is that the right of the prosecutor to unilaterally restrict the defense right to access the case file during the investigation and to unilaterally decide which evidence he will use as the basis for the indictment does not satisfy the requirements stemming from the right to a fair trial. The starting point of this paper is the analysis of the case law of the European Court of Human Rights. Afterward, the paper turns to the consideration of the provisions of the criminal procedural legislation of Bosnia and Herzegovina dealing with the restrictions of the right to inspect the case file. In that purpose, this paper employs normative and formal dogmatic legal methods in analyzing the particulars of its subject. The conclusion of the paper is that the law of Bosnia and Herzegovina when it comes to the restrictions of the right to inspect the case file is not in line with the standards of the European Court of Human Rights. For this reason, there is a need for the amending of the Criminal Procedure Codes in force in Bosnia and Herzegovina with the aim of making these Codes compliant with the jurisprudence of the European Court of Human Rights in that respect.
format	article
author	Avdić Faruk H.
author_facet	Avdić Faruk H.
author_sort	Avdić Faruk H.
title	The restrictions of the right to inspect the case file in Bosnia and Herzegovina in light of the jurisprudence of the European Court of Human Rights
title_short	The restrictions of the right to inspect the case file in Bosnia and Herzegovina in light of the jurisprudence of the European Court of Human Rights
title_full	The restrictions of the right to inspect the case file in Bosnia and Herzegovina in light of the jurisprudence of the European Court of Human Rights
title_fullStr	The restrictions of the right to inspect the case file in Bosnia and Herzegovina in light of the jurisprudence of the European Court of Human Rights
title_full_unstemmed	The restrictions of the right to inspect the case file in Bosnia and Herzegovina in light of the jurisprudence of the European Court of Human Rights
title_sort	restrictions of the right to inspect the case file in bosnia and herzegovina in light of the jurisprudence of the european court of human rights
publisher	Institute of Comparative Law, Belgrade
publishDate	2021
url	https://doaj.org/article/9453a30bbce14ee6829240cdc89b5c73
work_keys_str_mv	AT avdicfarukh therestrictionsoftherighttoinspectthecasefileinbosniaandherzegovinainlightofthejurisprudenceoftheeuropeancourtofhumanrights AT avdicfarukh restrictionsoftherighttoinspectthecasefileinbosniaandherzegovinainlightofthejurisprudenceoftheeuropeancourtofhumanrights
_version_	1718370958464516096

The restrictions of the right to inspect the case file in Bosnia and Herzegovina in light of the jurisprudence of the European Court of Human Rights

Ejemplares similares