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2012•Glasnik Advokatske komore VojvodineOpen access

Principle of opportunity in criminal prosecution

Željko Mirkov

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Abstract

The subject of the paper is the principle of opportunity in criminal prosecution based on the Code of criminal procedure. After the definition and analysis of interaction between the principles of legality and opportunity, both modalities of the application of these principles have been analyzed compared to adult offenders (postponement of the prosecution and real contrition). In addition to legislation, some practical aspects of application of this principle have been analyzed and also the application of the opportunity principle has been presented within the practice of the Basic public prosecutor’s office in Kikinda. In the end the author underlined the importance and the justification of the application of the principle of opportunity.

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What this paper is about

The subject of the paper is the principle of opportunity in criminal prosecution based on the Code of criminal procedure. After the definition and analysis of interaction between the principles of legality and opportunity, both modalities of the application of these principles have been analyzed compared to adult offenders (postponement of the prosecution and real contrition). In addition to legislation, some practical aspects of application of this principle have been analyzed and also the application of the opportunity principle has been presented within the practice of the Basic public prosecutor’s office in Kikinda. In the end the author underlined the importance and the justification of the application of the principle of opportunity.

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Available abstract

The subject of the paper is the principle of opportunity in criminal prosecution based on the Code of criminal procedure. After the definition and analysis of interaction between the principles of legality and opportunity, both modalities of the application of these principles have been analyzed compared to adult offenders (postponement of the prosecution and real contrition). In addition to legislation, some practical aspects of application of this principle have been analyzed and also the application of the opportunity principle has been presented within the practice of the Basic public prosecutor’s office in Kikinda. In the end the author underlined the importance and the justification of the application of the principle of opportunity.

Key concepts: Principle of legality, Postponement, Legislation, Criminal procedure, Criminal law, Modalities, Criminal code, Subject (documents)

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