PRIGOVOR OŠTEĆENOG KAO INSTITUCIONALNI OKVIR PRAVA NA PRISTUP SUDU, DELOTVORNOST INSTITUTA I MOGUĆA REŠENJA

Abstract

In this paper, the author analyzes the complaint of the injured party in criminal proceedings, the concept and effectiveness of the institute. The complaint is a legal instrument by which the injured party realizes several of his rights: the right to access court and the right to a fair trial, the right to judicial protection and the right to an effective remedy, and is of exceptional importance for his legal position. These goals were previously achieved by means of a subsidiary claim, however, according to positive law regulations, the complaint is made available to the injured party instead of a subsidiary claim in the pre-investigation and investigative stages. Therefore, it is necessary to refer to the very concept of a subsidiary claim as well as to the previous legal solution of this institute. The degree of effectiveness of the injured party's complaint was analyzed through research conducted in the practice of courts and prosecutors' offices on the success of complaints - it turned out that the number of positively resolved complaints is small, as is the number of cases in which the injured party represents the prosecution in a subsidiary manner. The conclusion provides proposals for possible directions for the development of this institute and suggestions regarding specific legal regulations.