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Government adopts principles for drawing up new criminal procedure code by September

ZAGREB, March 9 (Hina) - The Croatian government on Friday adopted fundamental principles for drawing up a code of criminal procedure under which an investigation would no longer be led by an investigating judge but by the prosecutor's office, while the judge would only decide on detention and other measures limiting a suspect's human rights and freedoms.
ZAGREB, March 9 (Hina) - The Croatian government on Friday adopted fundamental principles for drawing up a code of criminal procedure under which an investigation would no longer be led by an investigating judge but by the prosecutor's office, while the judge would only decide on detention and other measures limiting a suspect's human rights and freedoms.

By adopting the principles, the government bound the Justice Ministry to draw up the code by September 1 as well as attendant laws on the state prosecutor's office and courts.

Six months within the drafting of the laws, the Interior Ministry would move amendments to the Police Act so that it could be adjusted to the new code of criminal procedure.

Justice Minister Ana Lovrin said significant funds would be required so that the code could become fully applicable in 2009.

She said a brand new criminal procedure code had to be drawn up because the current one obstructed effectiveness with overly long proceedings.

The new code would reform the investigation procedure, which would no longer be called a court investigation but a prosecutorial one. Instead of an investigating judge, it would be led by a state prosecutor in cooperation with a police investigator who would act on the prosecutor's orders. The judge would decide about detention, surveillance and other measures restricting human rights and freedoms.

The principles also envisage a reform of summary procedure by introducing standard, summary and expedited procedure. This would step up and shorten about 40 per cent of proceedings, said Lovrin.

The principles also envisage improved court rules to prevent procrastination due to the failure of defendants and their counsel to attend hearings, she added.

Also today, the government forwarded to parliament a bill of amendments to the law on the execution of prison sentences.

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