POJMOVNO ODREĐENjE KAZNENOG POSTUPKA PREMA EVROPSKOJ KONVENCIJI ZA ZAŠTITU LjUDSKIH PRAVA I OSNOVNIH SLOBODA

Abstract

In the paper, the author elaborates on the problem of defining the term of criminal procedure through Articles 6 and 7 of the European Convention on Human Rights and Fundamental Freedom and through Article 4 of Protocol 7 and draws a parallel between the understanding of criminal procedure from the perspective of the ECHR and national law. Also, the author deals with the considirations of the European Court of Human Rights regarding of the concept of “criminal charge”, as the backbone of criminal procedure. In this regard, the author pays significant attention to the Engel criteria (the legal qualification of the offence under the internal law of a given State, the very nature of the offence and the type and the degree of affilaction of the penalty for which a given individual is liable) by means of which it is determined whether a specific case can be considered criminal from the point of view of the European Convention on Human Rights and Fundamental Freedom.