Newsroom
OSCE Mission welcomes adoption of Serbian Criminal Procedure Code, voices concern over limited public debate
BELGRADE 9 June 2006
BELGRADE, 9 May 2006 - The Head of the OSCE Mission here, Ambassador Hans Ola Urstad, today welcomed the adoption of the new Criminal Procedure Code, but expressed concern over the fact that it was adopted by Parliament in a manner that limited public debate.
Pointing to the fact that such a Code represents a cornerstone of public order and efficient suppression of crime and protection of individual rights in every country, he added:
"We welcome the innovations, such as prosecutorial investigation, plea bargaining, mediation, procedural protection of witnesses, envisaged to bring about more expedient criminal proceedings and provide more efficient tools for fighting serious forms of crimes. Such provisions should contribute to resolving the problem of overloaded criminal courts in Serbia."
At the same time Ambassador Urstad said: "Certain provisions of the law might infringe on human rights, as defined in the European Convention on Human Rights standards. Some provisions should be reconsidered in order to avoid ambiguous interpretation."
The OSCE Mission has encouraged the use of the envisaged one-year vacation period before the Code enters into force and offered support in correcting possible deficiencies in it through a credible public and expert debate in which the practitioners will be appropriately consulted.
"Adoption of the Code will also require harmonization of other related laws, such as those on organized crime and war crimes. The status of the public prosecutors will also have to be adequately regulated," added Ambassador Urstad.
"Sufficient time must be left to the practitioners to adjust to the application of the new system. The Mission is prepared to assist in providing adequate training for the preparation of prosecutors to take over new tasks provided under the Code."
Pointing to the fact that such a Code represents a cornerstone of public order and efficient suppression of crime and protection of individual rights in every country, he added:
"We welcome the innovations, such as prosecutorial investigation, plea bargaining, mediation, procedural protection of witnesses, envisaged to bring about more expedient criminal proceedings and provide more efficient tools for fighting serious forms of crimes. Such provisions should contribute to resolving the problem of overloaded criminal courts in Serbia."
At the same time Ambassador Urstad said: "Certain provisions of the law might infringe on human rights, as defined in the European Convention on Human Rights standards. Some provisions should be reconsidered in order to avoid ambiguous interpretation."
The OSCE Mission has encouraged the use of the envisaged one-year vacation period before the Code enters into force and offered support in correcting possible deficiencies in it through a credible public and expert debate in which the practitioners will be appropriately consulted.
"Adoption of the Code will also require harmonization of other related laws, such as those on organized crime and war crimes. The status of the public prosecutors will also have to be adequately regulated," added Ambassador Urstad.
"Sufficient time must be left to the practitioners to adjust to the application of the new system. The Mission is prepared to assist in providing adequate training for the preparation of prosecutors to take over new tasks provided under the Code."