IN FOCUS:

RESEARCH OF PROFESSIONAL INTEGRITY OF PUBLIC PROSECUTORS AND JUDGES, REPORT ON CONDUCTED RESEARCH AND QUESTIONS IT RAISES

Participants of the round table “Research of professional integrity of public prosecutors and judges, report on conducted research and questions it raises”‚ held in Belgrade on May 26, 2014, have agreed to provide the following results of the event:

RECOMMENDATIONS

1-      To provide continuation of judicial transition in the area of the National strategy for judicial reform implementation:

2-      To provide amendments of the Serbian Constitution in order to establish independent, impartial, professional and efficient judiciary, but also the rule of law;

3-      To enhance position and work of ethical bodies that need to have proactive approach/to be ethically corrective advisors both for individuals and at the level of the phenomena;

4-      To change the Code of Ethics with a view to motivate and promote active integrity of members of the judges and prosecutorial professions.

The round table is part of the project “Striving to Better Judicial Reform Results” and it is funded by the European Union Delegation in the Republic of Serbia and the Republic of Serbia Government Office for cooperation with civil society.

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Research of professional integrity of public prosecutors and judges, report on, Recommendations

MONITORING OF COURT WORK IN CRIMINAL PROCEEDINGS, REPORT AND POSSIBLE SCOPE

Participants of the round table “Monitoring of court work in criminal proceedings, report and possible scope”‚ held in Belgrade on May 7, 2014, agreed to provide the following conclusions of the event:

CONCLUSIONS

1. To submit the report to the Ministry of Justice, the High Court Council and the State Prosecutorial Council, as institutions in charge of functioning of the Republic of Serbia judicial system;

2. To submit the report to professional associations of judges and prosecutors, as well as to bars with a view to introduce their members with its findings and recommendations;

3. To submit the report to organizations of civil society that follow situation in the area of judiciary;

4. To enhance and improve systems of professional advancement and discipline responsibility with a view to provide guaranties of competence of judges and prosecutors referred to professional knowledge and moral features;

5. To enhance methodology of collecting statistical data in courts and prosecution offices as well as their keeping;

6. It is being suggested to the Ministry of Justice, the High Court Council and the State Prosecutorial Council to seriously consider and provide implementation of recommendations included in the report “Monitoring of court work in criminal proceedings”.  These are as follows:

• To provide guarantee for competence of judges, related to their professional knowledge and moral features;

• To regularly control quality of work of judges and prosecutors, through insight into their documents, with a view to control whether they meet conditions of knowledge and ethics, taken into consideration at the time of their election, and stipulated by the law on judges and the law on prosecutors;

• To provide essential respect of existing laws, regardless of subsequent possible amendments directed at harmonization with European standards;

• To harmonize case law in relation to type and duration of the sentence for the same criminal offences where there are similar mitigating and aggravating circumstances;
• To establish measures for more efficient and shorter duration of the court proceedings;

• To implement consistently and without exceptions international standards related to equality of parties in the proceedings in case of weaker protection of the rights of the accused in national legislation;

• To provide all necessary databases and other auxiliary resources (publications, forms…), taking care about their inter-compatibility, in order to enable that information from one database make references, if needed, to data in another.

The round table is part of the project “Striving for Better Judicial Reform Results” and it is funded by the European Union Delegation in the Republic of Serbia and the Republic of Serbia Government Office for cooperation with civil society.

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Monitoring of court work in criminal proceedings, report and possible scope, Conclusions

RESEARCH OF PROFESSIONAL INTEGRITY OF PUBLIC PROSECUTORS AND JUDGES

Integrity of a judge and a public prosecutor depends not only on personal choice of an individual, though this is significant, but also on context where its duties are being performed. Therefore, we divided factors to those impacting at the level of the profession and out of it. Within the profession, we divided factors to institutional-normative and professional-personal. The same division goes for the unprofessional level.

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RESEARCH OF PROFESSIONAL INTEGRITY OF PUBLIC PROSECUTORS AND JUDGES

MONITORING OF THE WORK OF COURTS IN CRIMINAL PROCEEDINGS

The Report on monitoring of the work of courts in criminal proceedings was created as a result of activities within the project “Towards better results of the reform of judiciary” funded by the Delegation of the European Union in the Republic of Serbia and the Office for cooperation with civil society of the Republic of Serbia Government.

During one year monitoring of the court work in criminal proceedings has been performed through analysis of criminal proceedings and proceedings upon extraordinary legal remedies. The analysis was performed based on criteria representing the core of fundamental human rights, above all the right to fair trial, but also other rights such as the right to freedom and security of the person, the right not to be trialed or sentences twice for the same offence and fight against discrimination.

Goal of this report is contribution to judicial reform through enhancement of court performance in the Republic of Serbia in criminal proceedings, directed at acceptance of the highest international standards of human rights respect.

Reform of judiciary is not goal in itself; it is being realized, above all, by change of awareness and by adoption of set of rules and procedures, providing as a result respect of rights of citizens and equality of all parties before the court.

Methodological distinction of this research was represented in the approach “from specific (individual, citizen, party in the proceedings) to general (institution, laws – in effect or how to enhance them)”, by analyzing individual court proceedings as a result of work of judiciary and their harmonization with national legislation and practice from one aspect, and achieved international standards of fair trail, from the other.

The judiciary will not be harmonized with desirable standard until it provides full respect of rights of all parties in the proceedings as a result.

This report provides data on faults and violations existing in this moment and recommendations for overcoming these faults.

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MONITORING OF THE WORK OF COURTS IN CRIMINAL PROCEEDINGS