Collaborators of Justice: Consensual Procedural Forms Serving Probative Purposes Analysed Through Practitioners’ Experiences in Croatia

Abstract

This paper presents the research results of Croatian practitioners’ experiences in applying consensual forms which serve probative purposes. The aim of the research was to find out, through the qualitative analysis of practical experiences obtained through semi-structured interviews with 60 practitioners in criminal justice system – 20 judges, 20 state attorneys and 20 defence attorneys, and then through discussions in four focus groups, how measures of rewarding collaborators of justice are applied in practice. The focus was on procedural tools which may be used to ensure respect of the principle of legality and the lawful application of the principle of discretionary prosecution, as well as on judicial control, which should efficiently prevent “mixing the procedural roles” of the accused and the witness. Particular attention was paid to the emergence of informal agreements, which puts into question the whole concept of regulated consensual forms serving probative purposes. An analysis of the practical experiences of different stakeholders reveals the existing deficiencies of normative regulation and applied practices.