Iskustva praktičara u primjeni uvjetne odgode (i odustanka od) kaznenog progona u Republici Hrvatskoj

Abstract

Conditional deferral of (and withdrawal from) criminal prosecution is a consensual institution of criminal justice regulated by the provision of Art. 206.d of the Croatian Criminal Procedure Act that can be applied in cases of a minor crime (one for which a fi ne or a prison sentence of up to 5 years is prescribed). This institution was implemented more than 20 years ago into the Croatian criminal procedure but is very rarely used in practice. In order to identify possible reasons for this, the authors have conducted, after a comparative legal analysis, empirical research in two phases: the first phase comprised 60 semi-structured interviews with practitioners followed by discussions in four focus groups. The goal of the empirical research was to discover the practitioners’ experiences with the application of the institution in practice. The paper presents the results of the conducted research divided into five issues that have been established as the key elements in the application of this institution: the lack of clear legal guidelines, the scope of application, the lack of judicial control, defendants’ rights, and the position of the victim. In conclusion, the paper analyses whether the initial theses are confirmed and provides certain de lege ferenda solutions.