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Map of criminal procedure in cases of domestic violence under the Criminal Procedure Code that was in force from 2001 to 30 September 2011 This presentation.

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Presentation on theme: "Map of criminal procedure in cases of domestic violence under the Criminal Procedure Code that was in force from 2001 to 30 September 2011 This presentation."— Presentation transcript:

1 Map of criminal procedure in cases of domestic violence under the Criminal Procedure Code that was in force from 2001 to 30 September 2011 This presentation shows the criminal procedure which applied to cases of domestic violence in the period between the adoption of the 2001 Criminal Procedure Code and 30 September 2013, when the new Criminal Procedure Code entered into force. It contains the definition of the crime of domestic violence from the Criminal Code, followed by a presentation of all procedural steps that can be taken before a person charged with this crime is finally convicted or acquitted (the de jure map). It also shows at which of these steps, according to the attorneys frequently involved in cases of this kind, problems and delays usually occur (the de facto map). How to use this presentation To see the most important rules applying to each step, click on the arrow next to the step. To see a brief explanation of how and why delays and other problems occur, click on the black field indicating where those occur. For more information on how the criminal procedure in cases of domestic violence look in practice, see a summary report on the research dealing with this topic, available on the following link: Court%20and%20Enforcement%20Procedures.pdf

2 The rules that applied were those from the 2001 Criminal Procedure Code and the Criminal Code. Criminal offense family violence is defined in Article 194 of Criminal Code in the following way: (1) Whoever by use of violence, threat of attacks against life or limb, insolent or ruthless behaviour endangers the tranquillity, physical integrity or mental condition of a member of his family shall be punished with imprisonment of from three months to three years. (2) If in committing the offence referred to in paragraph 1 of this Article weapons, dangerous implements or other means capable of inflicting serious bodily harm or seriously impairing health are used, the offender shall be punished with imprisonment from six months to five years. (3) If the offence referred to in paragraphs 1 and 2 of this Article results in grievous bodily harm or serious health impairment or if committed against a juvenile, the offender shall be punished with imprisonment of from two years to ten years. (4) If the offence referred to in paragraphs 1, 2 and 3 of this Article results in death of a family member, the offender shall be punished with imprisonment of from three to fifteen years. (5) Whoever violates a protective measure against domestic violence imposed by the court in accordance with the law shall be punished with imprisonment of from three months to three years, and a fine.“ This criminal offense is prosecuted ex officio. As a rule, territorial jurisdiction is held by the court within whose territory a criminal offence was committed or attempted (Article 27 Criminal Procedure Code). For forms of criminal offense from Paragraphs 1, 2 and 5 summary proceedings provisions were applicable. For forms of criminal offense from Paragraphs 3 and 4 general provisions on criminal procedure were applicable. Both procedures are shown here. The accused for criminal offense from Paragraphs 1 and 5 could be judged by the rules of procedure for punishment before the trial, so this procedure will also be shown. Except where the procedure is conducted in the form of a criminal offense referred to in paragraph 4, the Public Prosecutor may offer the accused person and his defence counsel the conclusion of an agreement on the admission of guilt, or the accused person and his defence counsel may propose the conclusion of such an agreement to the public prosecutor. The rules that applied were those from the 2001 Criminal Procedure Code and the Criminal Code. Criminal offense family violence is defined in Article 194 of Criminal Code in the following way: (1) Whoever by use of violence, threat of attacks against life or limb, insolent or ruthless behaviour endangers the tranquillity, physical integrity or mental condition of a member of his family shall be punished with imprisonment of from three months to three years. (2) If in committing the offence referred to in paragraph 1 of this Article weapons, dangerous implements or other means capable of inflicting serious bodily harm or seriously impairing health are used, the offender shall be punished with imprisonment from six months to five years. (3) If the offence referred to in paragraphs 1 and 2 of this Article results in grievous bodily harm or serious health impairment or if committed against a juvenile, the offender shall be punished with imprisonment of from two years to ten years. (4) If the offence referred to in paragraphs 1, 2 and 3 of this Article results in death of a family member, the offender shall be punished with imprisonment of from three to fifteen years. (5) Whoever violates a protective measure against domestic violence imposed by the court in accordance with the law shall be punished with imprisonment of from three months to three years, and a fine.“ This criminal offense is prosecuted ex officio. As a rule, territorial jurisdiction is held by the court within whose territory a criminal offence was committed or attempted (Article 27 Criminal Procedure Code). For forms of criminal offense from Paragraphs 1, 2 and 5 summary proceedings provisions were applicable. For forms of criminal offense from Paragraphs 3 and 4 general provisions on criminal procedure were applicable. Both procedures are shown here. The accused for criminal offense from Paragraphs 1 and 5 could be judged by the rules of procedure for punishment before the trial, so this procedure will also be shown. Except where the procedure is conducted in the form of a criminal offense referred to in paragraph 4, the Public Prosecutor may offer the accused person and his defence counsel the conclusion of an agreement on the admission of guilt, or the accused person and his defence counsel may propose the conclusion of such an agreement to the public prosecutor.

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4 problems and delays delays problems and delays delays problems Separate civil proceedings (concerning damages) problems

5 STEP 1. REPORTING A CRIMINAL OFFENSE Everyone should report a criminal offence prosecutable ex officio, and criminal offense of family violence is prosecutable ex officio (Article 223, Paragraph 1 Criminal Procedure Code). Criminal complaints shall be submitted to the competent public prosecutor in writing or orally (Article 224, Paragraph 1 of Criminal Procedure Code). STEP 1. REPORTING A CRIMINAL OFFENSE Everyone should report a criminal offence prosecutable ex officio, and criminal offense of family violence is prosecutable ex officio (Article 223, Paragraph 1 Criminal Procedure Code). Criminal complaints shall be submitted to the competent public prosecutor in writing or orally (Article 224, Paragraph 1 of Criminal Procedure Code). STEP 2. REQUEST FOR CONDUCTING THE INVESTIGATION Requests for conducting an investigation shall be submitted to the investigating judge of the competent court (Article 242, Paragraphs 1 and 2 of Criminal Procedure Code). Requests for conducting an investigation may contain proposals for examining certain circumstances, for conducting certain actions and for questioning certain persons in connection with certain issues, and the prosecutor may also propose that the suspect be placed in detention (Article 242, Paragraph 4 Criminal Procedure Code). STEP 2. REQUEST FOR CONDUCTING THE INVESTIGATION Requests for conducting an investigation shall be submitted to the investigating judge of the competent court (Article 242, Paragraphs 1 and 2 of Criminal Procedure Code). Requests for conducting an investigation may contain proposals for examining certain circumstances, for conducting certain actions and for questioning certain persons in connection with certain issues, and the prosecutor may also propose that the suspect be placed in detention (Article 242, Paragraph 4 Criminal Procedure Code). STEP 3. INTERROGATION OF THE SUSPECT Before issuing his ruling the investigating judge shall interrogate the suspect, except where is a danger of deferrals (Article 243, Paragraph 2 Criminal Procedure Code). STEP 3. INTERROGATION OF THE SUSPECT Before issuing his ruling the investigating judge shall interrogate the suspect, except where is a danger of deferrals (Article 243, Paragraph 2 Criminal Procedure Code). STEP 4. RULING ON THE REQUEST TO CONDUCT INVESTIGATION The accused person may appeal against the ruling of the investigating judge on the conduct of an investigation (Article 243, Paragraph 5 Criminal Procedure Code). The investigating judge is required to deliver the appeal immediately to the chamber, which shall rule on its within 48 hours (Article 243, Paragraph 6 of Criminal Procedure Code); Appeals do not stay execution of rulings (Article 243, Paragraph 6 of Criminal Procedure Code). Where the investigating judge does not agree with the request of the public prosecutor for the conduct of an investigation, he shall ask the chamber to issue a ruling (Article 243, Paragraph 7 of Criminal Procedure Code); the chamber must issue the ruling within 48 hours. The accused person, Public Prosecutor and the aggrieved person have the right to lodge the appeal, which does not stay the execution of the ruling (Article 243, Paragraph 7 Criminal Procedure Code). If only an aggrieved part has lodged an appeal against the chamber’s ruling, and the appeal is upheld, it shall be deemed that by lodging an appeal the aggrieved has taken over prosecution (Article 243, Paragraph 8 Criminal Procedure Code). STEP 4. RULING ON THE REQUEST TO CONDUCT INVESTIGATION The accused person may appeal against the ruling of the investigating judge on the conduct of an investigation (Article 243, Paragraph 5 Criminal Procedure Code). The investigating judge is required to deliver the appeal immediately to the chamber, which shall rule on its within 48 hours (Article 243, Paragraph 6 of Criminal Procedure Code); Appeals do not stay execution of rulings (Article 243, Paragraph 6 of Criminal Procedure Code). Where the investigating judge does not agree with the request of the public prosecutor for the conduct of an investigation, he shall ask the chamber to issue a ruling (Article 243, Paragraph 7 of Criminal Procedure Code); the chamber must issue the ruling within 48 hours. The accused person, Public Prosecutor and the aggrieved person have the right to lodge the appeal, which does not stay the execution of the ruling (Article 243, Paragraph 7 Criminal Procedure Code). If only an aggrieved part has lodged an appeal against the chamber’s ruling, and the appeal is upheld, it shall be deemed that by lodging an appeal the aggrieved has taken over prosecution (Article 243, Paragraph 8 Criminal Procedure Code).

6 STEP 5. INVESTIGATION I nvestigations are conducted by the investigating judge of the competent court (Article 245, Paragraph 1 Criminal Procedure Code); On concluding the investigation, the investigating judge delivers the files to the public prosecutor, who is required to submit within 15 days a proposal for amending the investigation, issue an indictment, or declare that he is abandoning prosecution (Article 257, Paragraph 2 Criminal Procedure Code); this time limit can be extended, but no longer than another 15 days (Article 257, Paragraph 2 Criminal Procedure Code). If the investigating judge does not accept the public prosecutor’s proposal for the investigation to be amended, he shall ask the chamber to rule thereon (Article 257, Paragraph 3 Criminal Procedure Code). Where an investigation is not concluded within six months, the investigating judge is required to notify the president of the court about he reasons for not concluding the investigation (Article 258, Paragraph 1 Criminal Procedure Code); if required, the president of the court shall implement measures to conclude the investigation(Article 258, Paragraph 2 Criminal Procedure Code). In case investigation is conducted at the request of subsidiary prosecutor or private prosecutor, when the investigating judge finds that the investigation has been completed, he shall notify thereof the subsidiary prosecutor or the private prosecutor and caution them that they need to file an indictment or private prosecution within fifteen days, and if they fail to do so, it shall be deemed that they have abandoned prosecution, and the proceedings shall be terminated by a ruling. The investigating judge is also required to issue this caution when the chamber (Article 24. Paragraph 6 Criminal Procedure Code) rules against a proposal by the subsidiary prosecutor or private prosecutor for amendment of the investigation because it holds that the case has been clarified sufficiently (Article 259, Paragraph 3 Criminal Procedure Code). STEP 5. INVESTIGATION I nvestigations are conducted by the investigating judge of the competent court (Article 245, Paragraph 1 Criminal Procedure Code); On concluding the investigation, the investigating judge delivers the files to the public prosecutor, who is required to submit within 15 days a proposal for amending the investigation, issue an indictment, or declare that he is abandoning prosecution (Article 257, Paragraph 2 Criminal Procedure Code); this time limit can be extended, but no longer than another 15 days (Article 257, Paragraph 2 Criminal Procedure Code). If the investigating judge does not accept the public prosecutor’s proposal for the investigation to be amended, he shall ask the chamber to rule thereon (Article 257, Paragraph 3 Criminal Procedure Code). Where an investigation is not concluded within six months, the investigating judge is required to notify the president of the court about he reasons for not concluding the investigation (Article 258, Paragraph 1 Criminal Procedure Code); if required, the president of the court shall implement measures to conclude the investigation(Article 258, Paragraph 2 Criminal Procedure Code). In case investigation is conducted at the request of subsidiary prosecutor or private prosecutor, when the investigating judge finds that the investigation has been completed, he shall notify thereof the subsidiary prosecutor or the private prosecutor and caution them that they need to file an indictment or private prosecution within fifteen days, and if they fail to do so, it shall be deemed that they have abandoned prosecution, and the proceedings shall be terminated by a ruling. The investigating judge is also required to issue this caution when the chamber (Article 24. Paragraph 6 Criminal Procedure Code) rules against a proposal by the subsidiary prosecutor or private prosecutor for amendment of the investigation because it holds that the case has been clarified sufficiently (Article 259, Paragraph 3 Criminal Procedure Code). STEP 6. ISSUING AN INDICTMENT After the investigation has been concluded, as well as when pursuant to this Code an indictment may be issued without the conduct of an investigation, proceedings before the court may only be conducted on the basis or an indictment issued by the public prosecutor, or subsidiary prosecutor (Article 265, Paragraph 1 Criminal Procedure Code). Provisions on the indictment and the objection against the indictment shall apply accordingly to private prosecution, except where one has been filed in connection with a criminal offence subject to summary criminal proceedings (Article 265, Paragraph 2 Criminal Procedure Code). The indictment shall promptly be served to the accused person who is at large, and where the accused is in detention, within 24 of its reception (Article 270, Paragraph 1 Criminal Procedure Code). The indictment assumes legal force when the objection is denied, when no objection was submitted or when one has been dismissed – on the date when the chamber, ruling on a request of the president of the chamber upholds the indictment, and where there was no such request the date when the president of the chamber sets the trial date, or at the expiry of the time limit referred to in 281, Paragraph 2 of the Criminal Procedure Code (Article 282 Criminal Procedure Code). STEP 6. ISSUING AN INDICTMENT After the investigation has been concluded, as well as when pursuant to this Code an indictment may be issued without the conduct of an investigation, proceedings before the court may only be conducted on the basis or an indictment issued by the public prosecutor, or subsidiary prosecutor (Article 265, Paragraph 1 Criminal Procedure Code). Provisions on the indictment and the objection against the indictment shall apply accordingly to private prosecution, except where one has been filed in connection with a criminal offence subject to summary criminal proceedings (Article 265, Paragraph 2 Criminal Procedure Code). The indictment shall promptly be served to the accused person who is at large, and where the accused is in detention, within 24 of its reception (Article 270, Paragraph 1 Criminal Procedure Code). The indictment assumes legal force when the objection is denied, when no objection was submitted or when one has been dismissed – on the date when the chamber, ruling on a request of the president of the chamber upholds the indictment, and where there was no such request the date when the president of the chamber sets the trial date, or at the expiry of the time limit referred to in 281, Paragraph 2 of the Criminal Procedure Code (Article 282 Criminal Procedure Code).

7 STEP 6A. (OPTIONAL) DECISION ON OBJECTIONS AGAINST THE INDICTMENT Accused persons are entitled to file objections against the indictment within eight days of being served; instructions about this right shall be served to the accused person while being served the indictment(Article 271, Paragraph 1 Criminal Procedure Code). Objections against the indictment may also be filed by defence counsel, without a specific authorisation of the accused, but not against his wishes (Article 271, Paragraph 2 Criminal Procedure Code). If the president of the chamber does not deny the objection as untimely or impermissible, he shall deliver it together with the files to the chamber (Article 272, Paragraph 2 Criminal Procedure Code). The chamber may invite parties and defence counsel to declare their positions verbally at the session (Article 272, Paragraph 3 Criminal Procedure Code). If the chamber does not deny the objection as untimely or impermissible, it shall examine the indictment (Article 273, Paragraph 1 Criminal Procedure Code). If the chamber establishes in connection with the objection the existence of errors or shortcomings in the indictment (Article 266) or the entire proceedings, or that a better clarification of the state of the matter is required in order to examine the justifiability of the charges, it shall return the indictment in order for the shortcomings detected to be rectified, or for the investigation to be amended, or conducted; the prosecutor is required to within three days of being told the decision of the chamber submit a corrected indictment of submit a request for amendment of the investigation, or a request for the conduct of an investigation. The chamber may extend this time limit if the prosecutor provides justifiable reasons. Where a subsidiary prosecutor or private prosecutor miss the aforementioned time limit, they shall be deemed to have abandoned prosecution, and the proceedings shall be discontinued; where the public prosecutor misses the time limit, he is required to inform a higher public prosecutor about the reasons for his omission(Article 273, Paragraph 2 Criminal Procedure Code). The prosecutor and the aggrieved may appeal against the decisions if the chamber decides that the charges are inadmissible and discontinues the criminal proceedings or if the chamber establishes that there are no authorised prosecutors or proposals by authorised prosecutors or the requisite motions of authorisation for criminal prosecution, or that there exist other circumstances which temporarily bar prosecution, it shall dismiss the indictment by a ruling. The indictment assumes legal force when the objection is denied, when no objection was submitted or when one has been dismissed – on the date when the chamber, ruling on a request of the president of the chamber (Article 281), upholds the indictment, and where there was no such request - the date when the president of the chamber sets the trial date, or at the expiry of the time limit referred to in 281, Paragraph 2 of the Criminal Procedure Code (Article 282 Criminal Procedure Code). STEP 6A. (OPTIONAL) DECISION ON OBJECTIONS AGAINST THE INDICTMENT Accused persons are entitled to file objections against the indictment within eight days of being served; instructions about this right shall be served to the accused person while being served the indictment(Article 271, Paragraph 1 Criminal Procedure Code). Objections against the indictment may also be filed by defence counsel, without a specific authorisation of the accused, but not against his wishes (Article 271, Paragraph 2 Criminal Procedure Code). If the president of the chamber does not deny the objection as untimely or impermissible, he shall deliver it together with the files to the chamber (Article 272, Paragraph 2 Criminal Procedure Code). The chamber may invite parties and defence counsel to declare their positions verbally at the session (Article 272, Paragraph 3 Criminal Procedure Code). If the chamber does not deny the objection as untimely or impermissible, it shall examine the indictment (Article 273, Paragraph 1 Criminal Procedure Code). If the chamber establishes in connection with the objection the existence of errors or shortcomings in the indictment (Article 266) or the entire proceedings, or that a better clarification of the state of the matter is required in order to examine the justifiability of the charges, it shall return the indictment in order for the shortcomings detected to be rectified, or for the investigation to be amended, or conducted; the prosecutor is required to within three days of being told the decision of the chamber submit a corrected indictment of submit a request for amendment of the investigation, or a request for the conduct of an investigation. The chamber may extend this time limit if the prosecutor provides justifiable reasons. Where a subsidiary prosecutor or private prosecutor miss the aforementioned time limit, they shall be deemed to have abandoned prosecution, and the proceedings shall be discontinued; where the public prosecutor misses the time limit, he is required to inform a higher public prosecutor about the reasons for his omission(Article 273, Paragraph 2 Criminal Procedure Code). The prosecutor and the aggrieved may appeal against the decisions if the chamber decides that the charges are inadmissible and discontinues the criminal proceedings or if the chamber establishes that there are no authorised prosecutors or proposals by authorised prosecutors or the requisite motions of authorisation for criminal prosecution, or that there exist other circumstances which temporarily bar prosecution, it shall dismiss the indictment by a ruling. The indictment assumes legal force when the objection is denied, when no objection was submitted or when one has been dismissed – on the date when the chamber, ruling on a request of the president of the chamber (Article 281), upholds the indictment, and where there was no such request - the date when the president of the chamber sets the trial date, or at the expiry of the time limit referred to in 281, Paragraph 2 of the Criminal Procedure Code (Article 282 Criminal Procedure Code).

8 STEP 7. PREPARATIONS FOR THE TRIAL The president of the trial chamber shall order the trial to be held no later than two months from the date of receiving the indictment in the court; if he does not set a trial date within this time limit, the president of the trial chamber shall notify the president of the court and the president of the immediately higher court about the reasons for not ordering a trial to be held (Article 283, Paragraph 2 Criminal Procedure Code); The summons shall be served to the defendant so as to give him sufficient time between the service and the trial date to prepare his defence, in any case not less than eight days; in respect of criminal offences punishable with terms of imprisonment of ten years or more, the time for preparing a defence shall be at least 15 days; at the request of the defendant, or at the request of the prosecutor, with the consent of the defendant, these periods may be shortened(Article 285, Paragraph 3 Criminal Procedure Code); Aggrieved parties summoned as witnesses shall be informed by the court in the summons that he trial would be held even without their presence, but that their statements on indemnification claims would be read out; the aggrieved shall also be cautioned that if he fails to appear it shall be deemed that he is not willing to continue prosecution if the public prosecutor abandons the indictment (Article 285, Paragraph 4 Criminal Procedure Code); If the prosecutor abandons the indictment before the commencement of the trial, the president of the trial chamber shall notify thereof all persons summoned to the trial; the aggrieved shall be especially instructed about his right to continue prosecution (Article 290, Paragraph 1 Criminal Procedure Code); STEP 7. PREPARATIONS FOR THE TRIAL The president of the trial chamber shall order the trial to be held no later than two months from the date of receiving the indictment in the court; if he does not set a trial date within this time limit, the president of the trial chamber shall notify the president of the court and the president of the immediately higher court about the reasons for not ordering a trial to be held (Article 283, Paragraph 2 Criminal Procedure Code); The summons shall be served to the defendant so as to give him sufficient time between the service and the trial date to prepare his defence, in any case not less than eight days; in respect of criminal offences punishable with terms of imprisonment of ten years or more, the time for preparing a defence shall be at least 15 days; at the request of the defendant, or at the request of the prosecutor, with the consent of the defendant, these periods may be shortened(Article 285, Paragraph 3 Criminal Procedure Code); Aggrieved parties summoned as witnesses shall be informed by the court in the summons that he trial would be held even without their presence, but that their statements on indemnification claims would be read out; the aggrieved shall also be cautioned that if he fails to appear it shall be deemed that he is not willing to continue prosecution if the public prosecutor abandons the indictment (Article 285, Paragraph 4 Criminal Procedure Code); If the prosecutor abandons the indictment before the commencement of the trial, the president of the trial chamber shall notify thereof all persons summoned to the trial; the aggrieved shall be especially instructed about his right to continue prosecution (Article 290, Paragraph 1 Criminal Procedure Code);

9 STEP 8. TRIAL Where a public prosecutor or person deputising for the public prosecutor fails to appear at a trial scheduled on the basis of the public prosecutor’s indictment, the court shall postpone the trial; the president of the chamber shall notify the competent public prosecutor thereof (Article 303, Paragraph 1 Criminal Procedure Code). Where a subsidiary prosecutor or private prosecutor fail to appear at the trial, in spite of duly summoned, or their proxy, the chamber shall issue a ruling discontinuing the proceedings (Article 303, Paragraph 2 Criminal Procedure Code). Where a defendant is duly summoned but fails to appear at the trial or to justify his absence, the chamber shall order the defendant brought in by force; it this could not be done immediately, the chamber shall decide that the hearing not be held and order the defendant brought in to the next hearing by force; If the defendant justifies his absence until the date of the hearing, the president of the chamber shall repeal the order to bring in the defendant forcibly(Article 304, Paragraph 1 Criminal Procedure Code). Where a defence counsel duly summoned to the trial fails to appear and fails to notify the court about the reason for his absence as soon as he learns of that reason, or where a defence counsel leaves the trial without permission, the defendant shall be called to retain another defence counsel immediately; if the defendant does not do so, the chamber may decide that the trial be held without a defence counsel being present. In the case of mandatory defence a possibility does not exist of the defendant retaining another defence counsel immediately, or of the court appointing one without harming the interests of the defence, the trial shall be postponed (Article 305, Paragraph 1 Criminal Procedure Code). STEP 8. TRIAL Where a public prosecutor or person deputising for the public prosecutor fails to appear at a trial scheduled on the basis of the public prosecutor’s indictment, the court shall postpone the trial; the president of the chamber shall notify the competent public prosecutor thereof (Article 303, Paragraph 1 Criminal Procedure Code). Where a subsidiary prosecutor or private prosecutor fail to appear at the trial, in spite of duly summoned, or their proxy, the chamber shall issue a ruling discontinuing the proceedings (Article 303, Paragraph 2 Criminal Procedure Code). Where a defendant is duly summoned but fails to appear at the trial or to justify his absence, the chamber shall order the defendant brought in by force; it this could not be done immediately, the chamber shall decide that the hearing not be held and order the defendant brought in to the next hearing by force; If the defendant justifies his absence until the date of the hearing, the president of the chamber shall repeal the order to bring in the defendant forcibly(Article 304, Paragraph 1 Criminal Procedure Code). Where a defence counsel duly summoned to the trial fails to appear and fails to notify the court about the reason for his absence as soon as he learns of that reason, or where a defence counsel leaves the trial without permission, the defendant shall be called to retain another defence counsel immediately; if the defendant does not do so, the chamber may decide that the trial be held without a defence counsel being present. In the case of mandatory defence a possibility does not exist of the defendant retaining another defence counsel immediately, or of the court appointing one without harming the interests of the defence, the trial shall be postponed (Article 305, Paragraph 1 Criminal Procedure Code). STEP 9. RENDERING A JUDGEMENT Judgements shall either deny the charges, acquit the defendant or convict the defendant (Article 353, Paragraph 1 Criminal Procedure Code). After the court has pronounced the judgement, the president of the chamber shall immediately make it public; If the court is not able to pronounce the judgement on the same day following the conclusion of the trial, it shall postpone the official pronunciation of the judgement by no more than three days and shall specify and time and place of the pronouncement of the judgement; if the judgement is not made public within three days of the conclusion of the trial, the president of the chamber is required immediately upon the expiry of that time limit to notify the president of the court and inform the president of the reasons (Article 357, Paragraph 1 Criminal Procedure Code). STEP 9. RENDERING A JUDGEMENT Judgements shall either deny the charges, acquit the defendant or convict the defendant (Article 353, Paragraph 1 Criminal Procedure Code). After the court has pronounced the judgement, the president of the chamber shall immediately make it public; If the court is not able to pronounce the judgement on the same day following the conclusion of the trial, it shall postpone the official pronunciation of the judgement by no more than three days and shall specify and time and place of the pronouncement of the judgement; if the judgement is not made public within three days of the conclusion of the trial, the president of the chamber is required immediately upon the expiry of that time limit to notify the president of the court and inform the president of the reasons (Article 357, Paragraph 1 Criminal Procedure Code). STEP 10. WRITTEN JUDGEMENT AND SERVING THE JUDGEMENT Once judgements have been pronounced they must be done in writing and dispatched within a time limit of eight days from the pronouncement, and exceptionally, in complex matters, within a time limit determined by the president of the next higher court (Article 360, Paragraph 1 Criminal Procedure Code). STEP 10. WRITTEN JUDGEMENT AND SERVING THE JUDGEMENT Once judgements have been pronounced they must be done in writing and dispatched within a time limit of eight days from the pronouncement, and exceptionally, in complex matters, within a time limit determined by the president of the next higher court (Article 360, Paragraph 1 Criminal Procedure Code).

10 STEP 11. APPEAL PROCEDURE A uthorised persons may file appeals against judgments rendered in the first instance within fifteen days from the day a copy of the judgment was served to them (Article 363, Paragraph 1 Criminal Procedure Code). Duly filed appeals by authorised persons postpone execution of judgements (Article 363, Paragraph 2 Criminal Procedure Code). One copy of the appeal shall be served by the court to the opposing party, which may within eight days of receipt submit to the court a response to the appeal; the court of first instance shall forward the appeal, response to the appeal and all files to the court of second instance (Article 373 Criminal Procedure Code). When the files with the appeal are received by the court of second instance, the president of the appellate chamber shall assign a reporting judge; where a criminal offence prosecuted at the request of the public prosecutor is concerned, the reporting judge shall forward the files and appeal to the competent public prosecutor, who is required to examine them and make his own motion, or declare that he will make a motion at a session of the chamber, and return them to the court, promptly, or within fifteen days at most (Article 374, Paragraph 1 Criminal Procedure Code). STEP 11. APPEAL PROCEDURE A uthorised persons may file appeals against judgments rendered in the first instance within fifteen days from the day a copy of the judgment was served to them (Article 363, Paragraph 1 Criminal Procedure Code). Duly filed appeals by authorised persons postpone execution of judgements (Article 363, Paragraph 2 Criminal Procedure Code). One copy of the appeal shall be served by the court to the opposing party, which may within eight days of receipt submit to the court a response to the appeal; the court of first instance shall forward the appeal, response to the appeal and all files to the court of second instance (Article 373 Criminal Procedure Code). When the files with the appeal are received by the court of second instance, the president of the appellate chamber shall assign a reporting judge; where a criminal offence prosecuted at the request of the public prosecutor is concerned, the reporting judge shall forward the files and appeal to the competent public prosecutor, who is required to examine them and make his own motion, or declare that he will make a motion at a session of the chamber, and return them to the court, promptly, or within fifteen days at most (Article 374, Paragraph 1 Criminal Procedure Code). STEP 11A. (OPTIONAL) HOLDING HEARINGS Hearings before courts of second instance shall be held only if it necessary to adduce new evidence due to incorrect or incomplete findings of fact or to repeat evidence already adduced and where justifiable reasons exist for the case not to be returned to the court of first instance for retrial (Article 377, Paragraph 1 Criminal Procedure Code); by exception, hearings before a court of second instance must be held where a judgement was set aside once in the same criminal case (Article 377, Paragraph 5 Criminal Procedure Code). STEP 11A. (OPTIONAL) HOLDING HEARINGS Hearings before courts of second instance shall be held only if it necessary to adduce new evidence due to incorrect or incomplete findings of fact or to repeat evidence already adduced and where justifiable reasons exist for the case not to be returned to the court of first instance for retrial (Article 377, Paragraph 1 Criminal Procedure Code); by exception, hearings before a court of second instance must be held where a judgement was set aside once in the same criminal case (Article 377, Paragraph 5 Criminal Procedure Code).

11 STEP 12. DECISION ON THE SECOND INSTANCE COURT ON THE APPEAL A court of second instance may in a session of the chamber or on the basis of a conducted hearing dismiss an appeal as untimely or inadmissible, deny an appeal as unfounded, and uphold a judgement of a court of first instance, or set aside the judgement and refer the case to the court of first instance for retrial, or reverse a first-instance judgement (Article 385, Paragraph 1 Criminal Procedure Code). Where a first-instance judgement was already set aside once in the same case, the court of second instance shall in a session of the chamber or on the basis of a hearing render a decision, where it may not set aside the challenged judgement and refer the case back the court of first instance for retrial (Article 385, Paragraph 2 Criminal Procedure Code). The court of second instance shall return all files to the court of first instance, with a sufficient number of certified copies of its decision, for the purpose of delivery to parties and other interested persons (Article 393, Paragraph 1 Criminal Procedure Code). The court of second instance is required to deliver its decision and the files to the court of first instance within a time limit of four months, a where the defendant is in detention, within a time limit of three months from the date of receipt of the files from that court (Article 393, Paragraph 2 Criminal Procedure Code). STEP 12. DECISION ON THE SECOND INSTANCE COURT ON THE APPEAL A court of second instance may in a session of the chamber or on the basis of a conducted hearing dismiss an appeal as untimely or inadmissible, deny an appeal as unfounded, and uphold a judgement of a court of first instance, or set aside the judgement and refer the case to the court of first instance for retrial, or reverse a first-instance judgement (Article 385, Paragraph 1 Criminal Procedure Code). Where a first-instance judgement was already set aside once in the same case, the court of second instance shall in a session of the chamber or on the basis of a hearing render a decision, where it may not set aside the challenged judgement and refer the case back the court of first instance for retrial (Article 385, Paragraph 2 Criminal Procedure Code). The court of second instance shall return all files to the court of first instance, with a sufficient number of certified copies of its decision, for the purpose of delivery to parties and other interested persons (Article 393, Paragraph 1 Criminal Procedure Code). The court of second instance is required to deliver its decision and the files to the court of first instance within a time limit of four months, a where the defendant is in detention, within a time limit of three months from the date of receipt of the files from that court (Article 393, Paragraph 2 Criminal Procedure Code). STEP 12A. (OPTIONAL) APPEAL ON THE DECISION OF THE SECOND INSTANCE COURT Appeals against judgements of courts of second instance may be filed with courts which decide in the third instance only in the cases where the court of second instance reverses a first-instance judgement acquitting the defendant and pronounces a judgement convicting the defendant (Article 395, Paragraph 1 Criminal Procedure Code). Appeals against judgements of courts of second instance are decided by courts of third instance at sessions of the chamber, pursuant to provisions applicable to second-instance proceedings (Article 395, Paragraph 3 Criminal Procedure Code). STEP 12A. (OPTIONAL) APPEAL ON THE DECISION OF THE SECOND INSTANCE COURT Appeals against judgements of courts of second instance may be filed with courts which decide in the third instance only in the cases where the court of second instance reverses a first-instance judgement acquitting the defendant and pronounces a judgement convicting the defendant (Article 395, Paragraph 1 Criminal Procedure Code). Appeals against judgements of courts of second instance are decided by courts of third instance at sessions of the chamber, pursuant to provisions applicable to second-instance proceedings (Article 395, Paragraph 3 Criminal Procedure Code).

12 STEP 1A. (OPTIONAL) INVESTIGATORY ACTIONS Before submitting the motion to indict, the public prosecutor may propose to the investigating judge the conduct of certain investigatory actions; if the investigating judge accepts the motion, he shall conduct investigatory actions, and then deliver the entire file to the public prosecutor; all investigatory actions shall be conducted in the shortest possible period(Article 435, Paragraph 1 Criminal Procedure Code). If the investigating judge does not agree with the motion to conduct investigatory actions, he shall ask the chamber to decide thereon; the chamber’s decisions are not appealable (Article 435, Paragraph 2 Criminal Procedure Code). STEP 1A. (OPTIONAL) INVESTIGATORY ACTIONS Before submitting the motion to indict, the public prosecutor may propose to the investigating judge the conduct of certain investigatory actions; if the investigating judge accepts the motion, he shall conduct investigatory actions, and then deliver the entire file to the public prosecutor; all investigatory actions shall be conducted in the shortest possible period(Article 435, Paragraph 1 Criminal Procedure Code). If the investigating judge does not agree with the motion to conduct investigatory actions, he shall ask the chamber to decide thereon; the chamber’s decisions are not appealable (Article 435, Paragraph 2 Criminal Procedure Code). STEP 2. SUBMITTING A MOTION TO INDICT OR PRIVATE PROSECUTION Criminal proceedings shall be initiated on the basis of a motion to indict of the public prosecutor or a subsidiary prosecutor, or private prosecution (Article 434, Paragraph 1 Criminal Procedure Code). The public prosecutor may file a motion to indict on the basis of the criminal complaint (Article 434, Paragraph 2 Criminal Procedure Code). Where an aggrieved person has submitted a criminal complaint, and the public prosecutor within one month of receiving the criminal complaint does not submit a motion to indict or does not notify the aggrieved that the complaint has been dismissed, the aggrieved is entitled to assume prosecution as a subsidiary prosecutor by submitting a motion to indict to the court (Article 437 Criminal Procedure Code). STEP 2. SUBMITTING A MOTION TO INDICT OR PRIVATE PROSECUTION Criminal proceedings shall be initiated on the basis of a motion to indict of the public prosecutor or a subsidiary prosecutor, or private prosecution (Article 434, Paragraph 1 Criminal Procedure Code). The public prosecutor may file a motion to indict on the basis of the criminal complaint (Article 434, Paragraph 2 Criminal Procedure Code). Where an aggrieved person has submitted a criminal complaint, and the public prosecutor within one month of receiving the criminal complaint does not submit a motion to indict or does not notify the aggrieved that the complaint has been dismissed, the aggrieved is entitled to assume prosecution as a subsidiary prosecutor by submitting a motion to indict to the court (Article 437 Criminal Procedure Code). STEP 3. PREVIOUS EXAMINING OF A MOTION TO INDICT OR PRIVATE PROSECUTION AND SERVING THE CHARGES TO THE ACCUSED Where the court receives a motion to indict or private prosecution, the judge shall first assess whether the court has jurisdiction, whether certain investigatory action need to be conducted or those already conducted supplemented, and whether the necessary conditions exist to dismiss the motion to indict or private prosecution (Article 439, Paragraph 1 Criminal Procedure Code); if the judge does not issue any of the previous rulings, he shall serve the charges to the accused and schedule a trial immediately; if no trial is scheduled within one month of the reception of a motion to indict or private prosecution, the judge is required to notify of the reasons thereof the president of the court, who shall undertake measures to ensure that the trial is held as soon as possible(Article 439, Paragraph 2 Criminal Procedure Code). STEP 3. PREVIOUS EXAMINING OF A MOTION TO INDICT OR PRIVATE PROSECUTION AND SERVING THE CHARGES TO THE ACCUSED Where the court receives a motion to indict or private prosecution, the judge shall first assess whether the court has jurisdiction, whether certain investigatory action need to be conducted or those already conducted supplemented, and whether the necessary conditions exist to dismiss the motion to indict or private prosecution (Article 439, Paragraph 1 Criminal Procedure Code); if the judge does not issue any of the previous rulings, he shall serve the charges to the accused and schedule a trial immediately; if no trial is scheduled within one month of the reception of a motion to indict or private prosecution, the judge is required to notify of the reasons thereof the president of the court, who shall undertake measures to ensure that the trial is held as soon as possible(Article 439, Paragraph 2 Criminal Procedure Code). STEP 1. SUBMITTING CRIMINAL COMPLAINT Everyone should report a criminal offence prosecutable ex officio, and domestic violence criminal offence is prosecutable ex officio (Article 223, Paragraph 1 Criminal Procedure Code). Criminal complaints shall be submitted to the competent public prosecutor in writing or orally (Article 224, Paragraph 1 Criminal Procedure Code). STEP 1. SUBMITTING CRIMINAL COMPLAINT Everyone should report a criminal offence prosecutable ex officio, and domestic violence criminal offence is prosecutable ex officio (Article 223, Paragraph 1 Criminal Procedure Code). Criminal complaints shall be submitted to the competent public prosecutor in writing or orally (Article 224, Paragraph 1 Criminal Procedure Code).

13 STEP 4. THE TRIAL The judge shall summon to the trial the accused and his defence counsel, the prosecutor, the aggrieved and their legal representatives and proxies, witnesses, expert witnesses and an interpreter, and if needed shall obtain the objects which should serve as evidence at the trial (Article 442, Paragraph 1 Criminal Procedure Code). The period between the service of the summons to the accused and the scheduled date of the trial must be sufficient for preparing a defence, in any case not less than eight days. If the accused consents to it, the period may be shortened (Article 442, Paragraph 3 Criminal Procedure Code). If the accused does not appear at the trial, although duly summoned, or if the summons could not be served due to his failure to notify the court of a change of temporary or permanent residence, the court may decide to hold the trial in his absence provided that his presence is not absolutely necessary and that he had been interrogated beforehand (Article 445, Paragraph 3 Criminal Procedure Code). STEP 4. THE TRIAL The judge shall summon to the trial the accused and his defence counsel, the prosecutor, the aggrieved and their legal representatives and proxies, witnesses, expert witnesses and an interpreter, and if needed shall obtain the objects which should serve as evidence at the trial (Article 442, Paragraph 1 Criminal Procedure Code). The period between the service of the summons to the accused and the scheduled date of the trial must be sufficient for preparing a defence, in any case not less than eight days. If the accused consents to it, the period may be shortened (Article 442, Paragraph 3 Criminal Procedure Code). If the accused does not appear at the trial, although duly summoned, or if the summons could not be served due to his failure to notify the court of a change of temporary or permanent residence, the court may decide to hold the trial in his absence provided that his presence is not absolutely necessary and that he had been interrogated beforehand (Article 445, Paragraph 3 Criminal Procedure Code). STEP 5. RENDERING A JUDGEMENT At the conclusion of the trial, the court shall immediately pronounce a judgement and make it public, with substantive reasons (Article 446, Paragraph 5 Criminal Procedure Code). STEP 5. RENDERING A JUDGEMENT At the conclusion of the trial, the court shall immediately pronounce a judgement and make it public, with substantive reasons (Article 446, Paragraph 5 Criminal Procedure Code). STEP 7. COMPLAINT PROCEDURE Appeals against the judgement may be filed within eight days of the date of delivery of the copy of the judgement (Article 446, Paragraph 6 Criminal Procedure Code). If the public prosecutor was not present at the trial, the aggrieved is entitles to appeal against the judgement, irrespective of whether the public prosecutor is also appealing (Article 446, Paragraph 10 Criminal Procedure Code). When a court of second instance rules on an appeal against a judgement pronouncing a prison sentence rendered in summary proceedings, those defendants and their defence counsel who had within the time limit prescribed for filing an appeal or a response to an appeal requested to be notified about the session or proposed that a hearing be held before a court of second instance shall be notified of the session of the chamber (Article 448, Paragraph 1); in other cases, only if the president of the chamber or the chamber finds that the presence of the parties would be of benefit for clarification of the matter (Article 448, Paragraph 1 Criminal Procedure Code). STEP 7. COMPLAINT PROCEDURE Appeals against the judgement may be filed within eight days of the date of delivery of the copy of the judgement (Article 446, Paragraph 6 Criminal Procedure Code). If the public prosecutor was not present at the trial, the aggrieved is entitles to appeal against the judgement, irrespective of whether the public prosecutor is also appealing (Article 446, Paragraph 10 Criminal Procedure Code). When a court of second instance rules on an appeal against a judgement pronouncing a prison sentence rendered in summary proceedings, those defendants and their defence counsel who had within the time limit prescribed for filing an appeal or a response to an appeal requested to be notified about the session or proposed that a hearing be held before a court of second instance shall be notified of the session of the chamber (Article 448, Paragraph 1); in other cases, only if the president of the chamber or the chamber finds that the presence of the parties would be of benefit for clarification of the matter (Article 448, Paragraph 1 Criminal Procedure Code). STEP 6. WRITTEN JUDGEMENT AND SERVING THE JUDGEMENT A written judgement must be rendered within eight days of the publication of the judgement (Article 446, Paragraph 5 Criminal Procedure Code). STEP 6. WRITTEN JUDGEMENT AND SERVING THE JUDGEMENT A written judgement must be rendered within eight days of the publication of the judgement (Article 446, Paragraph 5 Criminal Procedure Code).

14 STEP 8. DECISION ON THE SECOND INSTANCE COURT ON THE APPEAL A court of second instance may in a session of the chamber or on the basis of a conducted hearing dismiss an appeal as untimely or inadmissible, deny an appeal as unfounded, and uphold a judgement of a court of first instance, or set aside the judgement and refer the case to the court of first instance for retrial, or reverse a first-instance judgement (Article 385, Paragraph 1 Criminal Procedure Code). Where a first-instance judgement was already set aside once in the same case, the court of second instance shall in a session of the chamber or on the basis of a hearing render a decision, where it may not set aside the challenged judgement and refer the case back the court of first instance for retrial (Article 385, Paragraph 2 Criminal Procedure Code). STEP 8. DECISION ON THE SECOND INSTANCE COURT ON THE APPEAL A court of second instance may in a session of the chamber or on the basis of a conducted hearing dismiss an appeal as untimely or inadmissible, deny an appeal as unfounded, and uphold a judgement of a court of first instance, or set aside the judgement and refer the case to the court of first instance for retrial, or reverse a first-instance judgement (Article 385, Paragraph 1 Criminal Procedure Code). Where a first-instance judgement was already set aside once in the same case, the court of second instance shall in a session of the chamber or on the basis of a hearing render a decision, where it may not set aside the challenged judgement and refer the case back the court of first instance for retrial (Article 385, Paragraph 2 Criminal Procedure Code). STEP 8A. (OPTIONAL) APPEAL ON THE DECISION OF THE SECOND INSTANCE COURT Appeals against judgements of courts of second instance may be filed with courts which decide in the third instance only in the cases where the court of second instance reverses a first-instance judgement acquitting the defendant and pronounces a judgement convicting the defendant (Article 395, Paragraph 1 Criminal Procedure Code). Appeals against judgements of courts of second instance are decided by courts of third instance at sessions of the chamber, pursuant to provisions applicable to second-instance proceedings (Article 395, Paragraph 2 Criminal Procedure Code). STEP 8A. (OPTIONAL) APPEAL ON THE DECISION OF THE SECOND INSTANCE COURT Appeals against judgements of courts of second instance may be filed with courts which decide in the third instance only in the cases where the court of second instance reverses a first-instance judgement acquitting the defendant and pronounces a judgement convicting the defendant (Article 395, Paragraph 1 Criminal Procedure Code). Appeals against judgements of courts of second instance are decided by courts of third instance at sessions of the chamber, pursuant to provisions applicable to second-instance proceedings (Article 395, Paragraph 2 Criminal Procedure Code).

15 STEP 1. THE MOTION FOR ISSUING A RULING ON PUNISHMENT WITHOUT HOLDING A TRIAL For criminal offences punishable by a fine as the principal penalty of a term of imprisonment of up to three years, the judge may, on a motion of the public prosecutor, issue a ruling on punishment without holding a trial (Article 449, Paragraph 1 Criminal Procedure Code). The motion for issuing a ruling on punishment without holding a trial shall be made by the public prosecutor in the motion to indict, if he considers that holding a trial would not be necessary (Article 449, Paragraph 2 Criminal Procedure Code). STEP 1. THE MOTION FOR ISSUING A RULING ON PUNISHMENT WITHOUT HOLDING A TRIAL For criminal offences punishable by a fine as the principal penalty of a term of imprisonment of up to three years, the judge may, on a motion of the public prosecutor, issue a ruling on punishment without holding a trial (Article 449, Paragraph 1 Criminal Procedure Code). The motion for issuing a ruling on punishment without holding a trial shall be made by the public prosecutor in the motion to indict, if he considers that holding a trial would not be necessary (Article 449, Paragraph 2 Criminal Procedure Code). STEP 2. DECISION ON THE MOTION OF THE PUBLIC PROSECUTOR If the judge determines that preconditions for rendering a ruling on punishment are not fulfilled, he shall submit the motion to indict to the suspect and schedule a trial immediately (Article 451, Paragraph 1 Criminal Procedure Code); in that case, rules of shortened procedure shall be applied. If the judge agrees with the motion of the public prosecutor, he shall obtain information of prior convictions, and, if necessary, on the personality of the accused, and shall after questioning the accused render a judgement (Article 451, Paragraph 2 Criminal Procedure Code). The ruling on punishment shall be delivered to the public prosecutor and the accused (Article 452, Paragraph 1 Criminal Procedure Code). STEP 2. DECISION ON THE MOTION OF THE PUBLIC PROSECUTOR If the judge determines that preconditions for rendering a ruling on punishment are not fulfilled, he shall submit the motion to indict to the suspect and schedule a trial immediately (Article 451, Paragraph 1 Criminal Procedure Code); in that case, rules of shortened procedure shall be applied. If the judge agrees with the motion of the public prosecutor, he shall obtain information of prior convictions, and, if necessary, on the personality of the accused, and shall after questioning the accused render a judgement (Article 451, Paragraph 2 Criminal Procedure Code). The ruling on punishment shall be delivered to the public prosecutor and the accused (Article 452, Paragraph 1 Criminal Procedure Code). STEP 3. FILING AN OBJECTION AGAINST THE RULING ON PUNISHMENT The accused may file an objection against the ruling on punishment within eight days of its delivery (Article 452, Paragraph 2 Criminal Procedure Code). If the accused submits an objection in a timely manner, the judge shall schedule a trial on the motion to indict filed by the public prosecutor and proceed further according to the provisions of shortened procedure (Article 453, Paragraph 1 Criminal Procedure Code). Appeals against rulings dismissing the objection shall be decided by the chamber (Article 453, Paragraph 2 Criminal Procedure Code). Where no objection is submitted against the ruling on punishment, the ruling shall become final (Article 453, Paragraph 3 Criminal Procedure Code). STEP 3. FILING AN OBJECTION AGAINST THE RULING ON PUNISHMENT The accused may file an objection against the ruling on punishment within eight days of its delivery (Article 452, Paragraph 2 Criminal Procedure Code). If the accused submits an objection in a timely manner, the judge shall schedule a trial on the motion to indict filed by the public prosecutor and proceed further according to the provisions of shortened procedure (Article 453, Paragraph 1 Criminal Procedure Code). Appeals against rulings dismissing the objection shall be decided by the chamber (Article 453, Paragraph 2 Criminal Procedure Code). Where no objection is submitted against the ruling on punishment, the ruling shall become final (Article 453, Paragraph 3 Criminal Procedure Code).

16 STEP 1. AGREEMENT ON THE ADMISSION OF GUILT The public prosecutor may offer the accused person and his defence counsel the conclusion of an agreement on the admission of guilt, or vice a versa (Article 282a, Paragraph 1 Criminal Procedure Code). Where such proposal is made, the parties and the defence counsel may negotiate on the conditions of admitting guilt (Article 282a, Paragraph 2 Criminal Procedure Code). Where an indictment has not yet been filed, agreements shall be submitted to chamber deciding on appeals against rulings of the investigating judge and other rulings outside the trial, and following the filing of the indictment, agreements on the admission of guilt shall be submitted to the president of the chamber (Article 282, Paragraph 4 Criminal Procedure). (Code); STEP 1. AGREEMENT ON THE ADMISSION OF GUILT The public prosecutor may offer the accused person and his defence counsel the conclusion of an agreement on the admission of guilt, or vice a versa (Article 282a, Paragraph 1 Criminal Procedure Code). Where such proposal is made, the parties and the defence counsel may negotiate on the conditions of admitting guilt (Article 282a, Paragraph 2 Criminal Procedure Code). Where an indictment has not yet been filed, agreements shall be submitted to chamber deciding on appeals against rulings of the investigating judge and other rulings outside the trial, and following the filing of the indictment, agreements on the admission of guilt shall be submitted to the president of the chamber (Article 282, Paragraph 4 Criminal Procedure). (Code); STEP 2. DECISION ON THE AGREEMENT The court shall decide on the agreement on the admission of guilt, and may issue a ruling dismissing, upholding or rejecting the agreement (Article 282v, Paragraph 1 Criminal Procedure Code). The court shall rule on an agreement on the admission of guilt at a hearing which shall be attended by the public prosecutor, the accused and defence counsel, and the aggrieved and his proxy shall be notified about the hearing; where an accused person does not retain a defence counsel, one shall be assigned by the court ex officio, no less than eight days before the scheduled date of the hearing (Article 282v, Paragraph 5 Criminal Procedure Code). Rulings dismissing agreements on the admission of guilt are not appealable. STEP 2. DECISION ON THE AGREEMENT The court shall decide on the agreement on the admission of guilt, and may issue a ruling dismissing, upholding or rejecting the agreement (Article 282v, Paragraph 1 Criminal Procedure Code). The court shall rule on an agreement on the admission of guilt at a hearing which shall be attended by the public prosecutor, the accused and defence counsel, and the aggrieved and his proxy shall be notified about the hearing; where an accused person does not retain a defence counsel, one shall be assigned by the court ex officio, no less than eight days before the scheduled date of the hearing (Article 282v, Paragraph 5 Criminal Procedure Code). Rulings dismissing agreements on the admission of guilt are not appealable. STEP 2A. (OPTIONAL) DECISION ON THE APPEAL AGAINST REJECTING OR ADOPTING THE AGREEMENT ON THE ADMISSION OF GUILT The public prosecutor, the accused person and his defence counsel may appeal against the ruling of the court rejecting the agreement on the admission of guilt within eight days of the delivery of the ruling to them (Article 282g, Paragraph 1 Criminal Procedure Code); the aggrieved and his proxy may appeal against the ruling of the court upholding the agreement on the admission of guilt within eight days of the delivery of the ruling to them (Article 282g, Paragraph 2 Criminal Procedure Code). STEP 2A. (OPTIONAL) DECISION ON THE APPEAL AGAINST REJECTING OR ADOPTING THE AGREEMENT ON THE ADMISSION OF GUILT The public prosecutor, the accused person and his defence counsel may appeal against the ruling of the court rejecting the agreement on the admission of guilt within eight days of the delivery of the ruling to them (Article 282g, Paragraph 1 Criminal Procedure Code); the aggrieved and his proxy may appeal against the ruling of the court upholding the agreement on the admission of guilt within eight days of the delivery of the ruling to them (Article 282g, Paragraph 2 Criminal Procedure Code). STEP 3. JUDGEMENT When the ruling upholding the agreement on the admission of guilt becomes effective, it shall be deemed an integral part of the indictment, if one has already been filed; if not, the public prosecutor shall within three days draw up an indictment which includes the agreement on the admission of guilt, where an indictment had previously not been filed, and the president of the chamber shall promptly issue a judgement convicting the accused and pronouncing a sentence(Article 282d, Paragraph 1 Criminal Procedure Code). Such judgment is not appealable. STEP 3. JUDGEMENT When the ruling upholding the agreement on the admission of guilt becomes effective, it shall be deemed an integral part of the indictment, if one has already been filed; if not, the public prosecutor shall within three days draw up an indictment which includes the agreement on the admission of guilt, where an indictment had previously not been filed, and the president of the chamber shall promptly issue a judgement convicting the accused and pronouncing a sentence(Article 282d, Paragraph 1 Criminal Procedure Code). Such judgment is not appealable.

17 Reluctance to report domestic violence The attorneys say that only a small number of domestic violence cases are reported to prosecutors, for various reasons. Victims are often reluctant to report it to the police or a prosecutor, whether because they are afraid of the perpetrator or because they think that the family would suffer (for instance, if the family financially depends on the perpetrator), or because they do not believe that the police and the judiciary will protect them properly. Also, neighbours or other witnesses of domestic violence usually do not report it to the police because they think that ‘what happens behind someone else’s closed door is not their business’ or because they are also afraid of the perpetrator’s possible reaction. It is also common for the police to not report domestic violence to the prosecutor’s office if the victim seems unwilling to testify, even when evidence other than the victim’s statement is available (e.g., where there are medical reports on injuries suffered and witnesses willing to testify).

18 Usual problems in the investigation stage The attorneys say that even where domestic violence has been reported to the police and the prosecutor and they have taken adequate action, it is likely that the charges will be dropped at some stage of the procedure because the victim will back away from her or his initial allegations. One experienced attorney, who almost exclusively represents persons charged with domestic violence, stated that in approximately 70% of his domestic violence cases charges were dropped because victims changed their testimonies and refused to further cooperate with the prosecutors. This usually happens in early stages of the proceedings, even before the indictment is issued, but also occurs frequently during the trial.

19 Problems and delays during trials The attorneys say that domestic violence proceedings often progress slowly because members of the family are reluctant to testify, because witnesses or the accused (who are not on remand) do not appear before court when invited or find a different way to obstruct the proceedings, and also because the prosecutors cause delays. But, they also underline that on many occasions delays occur because of reasons other than the parties’ behaviour. Specifically, many attorneys say that in recent years delays often occur because the judges change during the proceedings or because the first instance judgments were quashed, which resulted in a retrial. Also, they say that courts relatively often fail to properly inform parties about dates of hearings. In addition to that, the attorneys underline that court schedules, in particular in Belgrade, are too busy and the courts cannot schedule hearings frequently enough. Therefore, it is common that the period between two hearings is longer than a few months.

20 Sentencing and reluctance to decide on claims for damages The attorneys argue that more often than not sentences imposed by the courts are unduly lenient. Also, as determination of someone’s criminal responsibility may not be enough to provide just satisfaction to the victim, it should be borne in mind that Serbian courts have established a practice according to which they almost without exception refuse to make decisions on damages, even though the CPC (both the 2001 CPC and the new CPC) allows alleged victims to submit claims for damages in criminal proceedings. Hence, after criminal proceedings finish, victims who want to claim damages have to file a civil lawsuit and initiate new, separate proceedings. Although those convicted of a crime are rather unlikely to escape responsibility for damages, separate proceedings are undoubtedly time and money consuming for victims, defendants and the judiciary.

21 Courts’ failure to deliver a written judgment within the stipulated time limits According to the attorneys, first instance courts almost never deliver written judgments within the time limits determined in the Criminal Procedure Code. Hence, step 10, or step 6 in summary proceedings, takes more time than envisaged.

22 Slow appellate courts According to the attorneys from Belgrade, the longest delays in the majority of their cases occur during proceedings on appeal. The overwhelming majority of them claim that proceedings on appeal never finished within time limits set by the CPC (four months or, in case the defendant is on remand, three months). In their cases the second instance court made decisions in no less than six months and usually last for more than a year. According to these attorneys, it is not rare that appellate proceedings take a year-and-a-half or two years. There are, however, attorneys who say that, in their cases, proceedings on appeal finished within the time limits set by the CPC. The attorneys from Kragujevac indicated that in their cases appellate proceedings did not require as much time as in cases carried out by the Belgrade courts, but even these proceedings rarely finish within less than four months. A few of them said that in their cases significant delays occurred because the second instance court ordered retrial.

23 Plea bargaining Most of attorneys state that the introduction of plea bargaining, which occurred a few years ago, brought some positive changes. According to them, prosecutors are willing to use plea bargains often and a considerable number of cases conclude without trial. However, the attorneys in the same time express concerns over such tendency, asserting that on many occasions plea bargains are used in a way that does not give victims any satisfaction. Namely, they argue that plea bargains too often lead to sentences that are unduly lenient and, in cases where the perpetrator remains out of prison, sometimes leave the victims in danger of new violence.


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