ODGOVORNA OBRANA OKRIVLJENIKA U KAZNENOM POSTUPKU - postupak pred optuznim vijecem

This paper raises the issue of "responsible", and thus high-quality, defence in the new stage of the criminal procedure: proceedings before the prosecution panel. This is a new mandatory stage of criminal proceedings in all criminal cases, regardless of the seriousness of the criminal offence, during which the parties "reveal the evidence" and open the way for a consideration of the legality of specific evidence, potential omissions in the parties' investigation, and assumptions of guilt and punishment. This stage of proceedings is completed, unless the indictment is returned to the prosecution to conduct or supplement investigation, or unless the proceedings have been stayed, by a confirmation of the indictment, which means by confirming the suitability of the indictment for an inquisitorial hearing. The position of the defence counsel at this stage, and the quality of the defence, which primarily depends on the defence counsel's knowledge and the quality of his or her preparation, will often affect the subsequent position of the client - defendant during the trial. For this level of quality of defence shown by the defence counsel, the paper uses the term "responsible defence" in proceedings before the prosecution panel. [PUBLICATION ABSTRACT]