ELEMENTI USLUŽNOG PRAVA U INSTITUTIMA KRIVIČNOG PROCESNOG PRAVA

Abstract

In this paper, the author discovers the connection between service law and criminal procedural law which had never been examined in the domestic lеgal literature so far. He studies and presents the institutes of the criminal procedural law which serve to the subjects of the criminal procedure ex officio, that have elements of the service law that are especially distinguished and analyzed by the author. The concept of services, given in the plea agreement, as well as in the application of the principle of opportunity-particularily in the, so called, conditional opportunity, is delivered. In this way, the institutes of the criminal procedural law are observed from the different point of view, and the accent is on their serviceable character. The modern age criminal procedure is trasforming, losing on its rigidity, and, as it seems, is more turned to the arbitrarity and randomness, than to the traditional need of the state for repression of the perpetrators. The author highlights the perils that could appear in the future if this transformation trend continues.