SWISS PROCEDURE FOR ISSUING CRIMINAL WARRANT

Abstract

At the beginning of the 21st century, the criminal procedure legislation in Bosnia and Herzegovina was radically changed. One of the most significant novelties is the procedure for issuing a criminal warrant. He was accepted under various foreign influences. Although it is a new procedure, it is widely applied. In approximately half of the indictments, the prosecutor requests the issuance of a criminal order. However, this procedure also caused numerous dilemmas, both in theory and in practice. There is a clear need to change and supplement the provisions that regulate it in order to standardize it even better, more completely and more precisely. The study of this procedure in other legislations can certainly contribute to that task. In comparative legislation, the Swiss Strafbefehlsverfahren is particularly significant. It is a representative of the traditional form of procedure for the issuance of a criminal order, which is usually called the mandate procedure, and exists in most legislations. There, the penalty order represents a special court, exceptionally prosecutorial decision that is made on the basis of the file, without direct contact between the court and the parties. The procedure for issuing a criminal warrant in Bosnia and Herzegovina is significantly different from the mandate procedure. The main difference lies in the fact that the issuing of a criminal order is preceded by a court hearing where the accused expressly declares whether he will accept the prosecutor's proposal. The Swiss Strafbefehlsverfahren influenced the appearance of this procedure in other legislations, including in BiH. This fact indicates the need to know the basic characteristics of this famous Swiss procedure. Some solutions from the Swiss Strafbefehlsverfahren are acceptable and could improve this procedure in BiH as well.